GR 216936; (July, 2019) (Digest)
G.R. No. 216936 , July 29, 2019
People of the Philippines, Plaintiff-Appellee vs. Alvin Pagapulaan, Jose Batulan, Renato Fuentes and Junjun Fuentes, Accused; Jose Batulan, Accused-Appellant
FACTS
The prosecution’s evidence established that on June 21, 2003, jeepney driver Ruben Pacho was attacked and killed. The incident stemmed from an altercation between Pacho and accused Alvin Pagapulaan, a barker, over payment. Pagapulaan, displeased with the amount given, cursed Pacho and boxed the jeepney. When Pacho alighted holding a samurai for defense, he was surrounded and attacked by Pagapulaan, appellant Jose Batulan, and brothers Renato and Junjun Fuentes. The eyewitness, the victim’s wife Letecia Pacho, testified that all four accused took turns stabbing and hacking her husband with a knife and a samurai. Batulan was arrested shortly after the incident, found in possession of a bloodied Batangas knife. Pagapulaan later pleaded guilty to homicide. The defense, however, presented a different version. Batulan and the Fuentes brothers denied participation, claiming they were merely present or that Batulan alone was the assailant.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt the guilt of appellant Jose Batulan for the crime of Murder.
RULING
The Supreme Court affirmed Batulan’s conviction for Murder. The Court found the testimony of eyewitness Letecia Pacho credible, positive, and consistent in identifying Batulan as one of the attackers who collectively assaulted the victim. Her failure to immediately identify Batulan in court due to his changed haircut did not impair her credibility, as she had previously identified him to the police. The defense of denial and alibi cannot prevail over this positive identification. The Court upheld the finding of conspiracy among the accused. Their collective and simultaneous attack on the victim, following a common purpose initiated by Pagapulaan, demonstrated a community of criminal design. The qualifying circumstance of treachery was correctly appreciated because the attack was sudden and unexpected, rendering the victim defenseless against the concerted assault by four armed men. The Court modified the damages awarded, increasing civil indemnity, moral damages, and exemplary damages to P75,000.00 each, and awarding temperate damages of P50,000.00, all with legal interest.