G.R. No. 71527 . August 10, 1989.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PANTALEON BERBAL (Deceased), ANACLETO BERBAL and RESTITUTO JUANITE, accused-appellants.

FACTS

The case stemmed from the killing of 58-year-old Cristina Basul in her home on December 28, 1982. She sustained 25 stab wounds. The prosecution’s primary witness was her nine-year-old granddaughter, Dolores Basul, who was sleeping in the sala about four meters from the open door of her grandmother’s bedroom. Dolores testified that she was awakened by her grandmother’s moans and the sound of kicking. She heard a voice say “Kadlit na to” (light the match) and, pretending to be asleep, she opened her eyes and saw appellants Anacleto Berbal and Restituto Juanite. She positively identified Anacleto as the one repeatedly stabbing the victim while Restituto held a lighted match, standing abreast with Anacleto to provide illumination. She recognized both men as longtime residents of their barangay. The defense presented alibis, which the trial court rejected, and both appellants were convicted of Murder and sentenced to death, prompting automatic review.

ISSUE

The core issue is whether the guilt of appellants Anacleto Berbal and Restituto Juanite for the crime of Murder was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found the testimony of child witness Dolores Basul credible and sufficient to establish guilt. She gave a clear, consistent, and spontaneous account of the incident. Her ability to identify the appellants was credible given the illumination from the match held by Juanite and the fact that the bedroom door had no shutter, allowing a direct view from where she lay. The defense of alibi was rightly dismissed for being weak and unsubstantiated. The qualifying circumstance of abuse of superior strength was present, as the appellants, with one armed with a deadly weapon, attacked a defenseless, sleeping, elderly woman, ensuring the crime’s success through combined force. The aggravating circumstances of nocturnity (nighttime was deliberately sought to facilitate the crime) and dwelling (the sanctity of the home was violated) were also properly appreciated. However, disregard of age and sex were not considered, as the prosecution failed to prove a deliberate intent to insult or offend on those grounds. With these qualifying and aggravating circumstances and no mitigating factors, the penalty would be death. However, pursuant to the 1987 Constitution , the death penalty was automatically commuted to reclusion perpetua. Civil indemnity was increased to P30,000.00. The case against Pantaleon Berbal was dismissed due to his death prior to trial.