GR 59436; (August, 1992) (Digest)
G.R. No. 59436 August 28, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELFIN MOLINA AND ADOLFO MOLINA, accused-appellants.
FACTS
The accused-appellants, Delfin Molina and Adolfo Molina, along with Sotero Molina, were charged with Murder for the killing of Mariano Molina on November 9, 1980, in Barangay Cabaroan, Tayum, Abra. The information alleged they conspired, armed with stones and a bolo, and with treachery and evident premeditation, attacked Mariano Molina, causing multiple chop wounds and lacerations that led to his death. Upon arraignment, all accused pleaded not guilty. After trial, the Court of First Instance of Abra found Delfin and Adolfo Molina guilty as principals of Murder and sentenced them to reclusion perpetua, while acquitting Sotero Molina for lack of sufficient evidence. The accused-appellants appealed.
The prosecution presented five witnesses. Beato Molina (son of Sotero, brother of the appellants, and nephew of the victim) testified that around 7:00 PM, he saw his brothers Delfin and Adolfo maltreating a person near their brother Eugenio’s house. Delfin hacked Beato’s feet when he approached. He later learned the victim was his uncle Mariano. Clara Molina (wife of Eugenio, sister-in-law of the appellants) testified she saw Delfin and Adolfo stoning Mariano. Adolfo’s stone hit Mariano’s head, and then Delfin hacked him multiple times with a bolo, followed by Adolfo also hacking him. She witnessed this from her window, illuminated by a house light and a flashlight. She did not see Sotero Molina during the hacking. Dr. Isabelo Lucas conducted the autopsy, finding multiple injuries caused by a blunt instrument (like a stone) and a bolo, with death due to hemorrhage. Pat. Constancio Echave responded to the scene and investigated. Martina Molina (the victim’s widow) testified about a prior land dispute between her husband and Sotero but stated it had been resolved; she also incurred burial expenses.
The defense presented seven witnesses. Sotero Molina denied participation. Adolfo Molina claimed alibi, stating he was in Pagala, Bucay, Abra, at the time. Delfin Molina admitted killing his uncle but claimed self-defense, alleging Mariano attacked him first with a bolo.
ISSUE
The primary issue is whether the guilt of accused-appellants Delfin Molina and Adolfo Molina for the crime of Murder was proven beyond reasonable doubt.
RULING
The Supreme Court AFFIRMED the judgment of conviction with modification. The trial court’s findings on credibility were upheld. The testimony of eyewitness Clara Molina was found credible, consistent, and corroborated by the autopsy report. Her positive identification of the appellants as the perpetrators outweighed Delfin’s claim of self-defense, which was unsupported by evidence and inconsistent with the number, nature, and location of the victim’s wounds. Adolfo’s defense of alibi was rejected as he failed to prove it was physically impossible for him to be at the crime scene. The court found the qualifying circumstance of treachery to be present, as the attack on the 64-year-old, unarmed victim was sudden and unexpected, rendering him unable to defend himself. The concerted actions of the appellants indicated conspiracy. The civil liability was modified, increasing the indemnity for the victim’s death to P50,000.00.
