G.R. No. 68319 March 31, 1992
People of the Philippines, plaintiff-appellee, vs. Jesus dela Cruz, Demerold Ayado and Abecidueño Ajedo, Jr., accused-appellants.

FACTS

Accused-appellants Jesus dela Cruz, Demerold Ayado, and Abecidueño Ajedo, Jr. were charged with Murder before the Regional Trial Court of Cabarroguis, Quirino. The information alleged that on July 21, 1982, in Diffun, Quirino, the accused, conspiring together and mutually helping one another, with treachery, evident premeditation, and the use of bladed instruments and stones, attacked and stabbed Felipe Natura, inflicting multiple wounds resulting in his death. The commission was aggravated by superiority in numbers, disregard of the victim’s age, and nighttime. Upon arraignment, all accused pleaded not guilty. The prosecution presented eight witnesses, including the victim’s wife and eyewitness, Antonia Natura. The defense presented witnesses, with appellants Ayado and Ajedo, Jr. interposing alibi, and appellant dela Cruz claiming self-defense. The trial court convicted all accused of Murder and sentenced them to reclusion perpetua, ordering them to indemnify the victim’s heirs. The court found the aggravating circumstances of taking advantage of superior strength and nighttime. Accused-appellants filed a notice of appeal, then a petition for new trial based on newly discovered evidence (an affidavit of Dionisio B. Millo), and later a motion to withdraw their appeal. The trial court denied the petition for new trial, after which accused-appellants refiled their notice of appeal.

ISSUE

1. Whether the trial court erred in denying the motion for new trial.
2. Whether the trial court erred in convicting all accused-appellants of Murder based on the testimony of a lone eyewitness, the victim’s wife.
3. Whether the trial court erred in finding that conspiracy existed among the appellants.
4. Whether the trial court erred in including appellants Demerold Ayado and Abecidueño Ajedo, Jr. in the conviction despite alleged insufficiency of evidence.

RULING

1. The trial court did not err in denying the motion for new trial. The affidavit of Dionisio B. Millo could not be considered newly discovered evidence as it existed during the trial. Furthermore, even if admitted, it would not alter the judgment of conviction as it merely corroborated the defense of appellant dela Cruz, which the court found untenable.
2. The trial court did not err in convicting based on the testimony of a lone eyewitness. The testimony of Antonia Natura was clear, positive, and credible. The well-established rule is that the testimony of a single witness, if positive and credible, is sufficient to support a conviction.
3. The trial court did not err in finding conspiracy. Conspiracy was sufficiently established by the evidence showing that accused-appellants acted in concert to achieve a common purpose. Appellant dela Cruz initiated the attack by greeting the victim and then boxing him, while appellants Ayado and Ajedo, Jr. simultaneously joined in boxing and mauling the victim. Their collective actions demonstrated a community of criminal design.
4. The trial court did not err in including appellants Ayado and Ajedo, Jr. in the conviction. The evidence sufficiently established their participation in the crime. Their defense of alibi was weak and could not prevail over the positive identification by the eyewitness. The prosecution proved their guilt beyond reasonable doubt.
The Supreme Court affirmed the trial court’s judgment of conviction for Murder. However, it modified the penalty. The crime was committed with the qualifying circumstance of treachery. The trial court correctly appreciated the generic aggravating circumstances of taking advantage of superior strength and nighttime. With two aggravating circumstances and no mitigating circumstance, the penalty should have been imposed in its maximum period (death). But due to the prohibition of the death penalty under the 1987 Constitution , the penalty was reduced to reclusion perpetua. The indemnity to the victim’s heirs was increased from P30,000.00 to P50,000.00.