GR 201836; (June, 2015) (Digest)
G.R. No. 201836 , June 22, 2015
People of the Philippines, Plaintiff-Appellee, vs. Allan Britanico and Jojo Britanico, Accused-Appellants.
FACTS
Allan Britanico, Jojo Britanico, their brother Rolly, and their father Francisco were charged with Murder for hacking Segundo Toralde to death on August 23, 2003, in Libon, Albay. Francisco died pending trial, and the case against minor Rolly was dismissed under the Juvenile Justice and Welfare Act. Only Allan and Jojo (appellants) stood trial. The prosecution’s primary witness was Rolando Toralde, who testified that he saw Francisco, Rolly, Allan, and Jojo hack Segundo. He hid in fear for about 10 minutes before informing the victim’s daughter, Alma. Appellants interposed denial and alibi. Allan claimed he was in Iriga City overseeing a fishpond, while Jojo claimed he was in another barangay fetching his wife. Their mother, Teresita, testified that only Francisco had an altercation with the victim, which led to a hacking incident between the two. The Regional Trial Court found appellants guilty of Murder qualified by treachery and sentenced them to reclusion perpetua. The Court of Appeals affirmed the conviction.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of appellants for Murder based on the credibility of the eyewitness account, despite alleged inconsistencies and improbabilities.
RULING
The Supreme Court dismissed the appeal and affirmed the conviction with modifications. The Court held that the credibility of eyewitness Rolando Toralde was not diminished by his natural reaction of hiding out of fear or by his failure to immediately report the incident to the authorities, as people react differently to startling events. The alleged discrepancy between the number of blows witnessed and the wounds found on the victim’s decomposing body did not negate the fact of the hacking. The qualifying circumstance of treachery was properly appreciated. The penalty of reclusion perpetua was affirmed, with the clarification that appellants are not eligible for parole. The awards of damages were modified: the award of actual damages (P16,818.50) was deleted and replaced with temperate damages of P25,000.00; exemplary damages were increased to P30,000.00; and all damages shall earn interest at 6% per annum from the finality of judgment.