GR 30538; (January, 1981) (Digest)
G.R. No. L-30538 January 31, 1981
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO TIROL and CIRIACO BALDESCO, defendants-appellants.
FACTS
In the evening of December 4, 1965, Kosain Manibpol was sleeping with his family in their house in Kabalangasan, Matalam, Cotabato. He was awakened by barking dogs and saw two persons, Beatingco, Jr. and Julian Casiag, outside. They asked to borrow part of his land, to which he consented. Suddenly, Kulas Bate arrived, flashed a light on Kosain’s face, and boxed him. Upon falling, more than ten armed companions emerged and attacked his family with bladed weapons and firearms. The assault resulted in the deaths of his wife and six children. Kosain and his young daughter, Undang, survived despite serious wounds and managed to escape to seek help.
Fourteen individuals were charged with multiple murder and double frustrated murder. Only appellants Bonifacio Tirol and Ciriaco Baldesco were apprehended. The prosecution’s case rested primarily on the testimonies of the two survivors, Kosain and Undang, who positively identified both appellants among the armed assailants. Kosain testified he saw Baldesco hacking his wife and Tirol, whom he recognized as harelipped, hacking his eldest daughter. The defense consisted of alibi and denial, which the trial court rejected.
ISSUE
Whether the trial court erred in convicting appellants Bonifacio Tirol and Ciriaco Baldesco of seven counts of murder and two counts of frustrated murder.
RULING
The Supreme Court affirmed the convictions. The positive identification by the victims, who had known the appellants prior to the incident, prevailed over the weak defenses of alibi and denial. The Court found the testimonies credible and consistent, noting that the witnesses had ample opportunity to recognize the assailants despite the nighttime attack, as the area was illuminated by a kerosene lamp and a flashlight. The appellants’ flight after the incident further indicated guilt.
The killings were qualified by treachery, as the assailants employed a deliberate surprise attack on the sleeping family, ensuring no risk to themselves. This circumstance absorbed the aggravating factors of nighttime, superior strength, and band. The aggravating circumstance of dwelling was properly appreciated, as the attack was launched in the victims’ home without provocation. With no mitigating circumstances, the imposition of the maximum penalty was correct. However, the criminal liability of Ciriaco Baldesco was extinguished due to his death pending appeal; only his civil liability remains. The Court modified the civil indemnity, imposing a solidary liability of P12,000 for each murder victim and P8,000 for each frustrated murder victim. The judgment was affirmed with modifications.