GR 75367; (June, 1991) (Digest)
G.R. No. 75367; June 19, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO LAZO alias “DANNY” and BERTING ARELLANO Y SABALO, accused-appellants.
FACTS
On the evening of October 13, 1979, Felipe Garcia, his family, and helpers, including Tony Arellano, were having supper inside their kitchen in Abulug, Cagayan. The room was illuminated by three kerosene lamps. Suddenly, the kitchen door opened. Tony Arellano, facing the door, immediately recognized Berting Arellano as the intruder, with Danilo Lazo standing behind him holding a carbine rifle. Without warning, Danilo fired two successive bursts. The second shot fatally hit Felipe Garcia and also grazed Tony Arellano’s leg. Felipe died hours later after an operation.
The investigation recovered empty shells and a handkerchief with the name “Danny” near the scene. Tony Arellano identified the assailants to the authorities the next day. Accused Danilo Lazo and Berting Arellano were charged with Murder with Frustrated Murder. The trial court convicted them, finding the eyewitness testimony of Tony Arellano credible and establishing conspiracy. The court appreciated the aggravating circumstances of treachery, nocturnity, and dwelling, sentencing both to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting the accused-appellants of Murder with Frustrated Murder based on the identification and testimony of the eyewitness.
RULING
The Supreme Court affirmed the conviction. The legal logic centered on the credibility of the eyewitness account and the establishment of conspiracy. The Court found no reason to deviate from the trial court’s assessment of witness credibility. Tony Arellano had a clear and unobstructed view of the assailants, aided by adequate illumination from the kerosene lamps, and had known Berting Arellano for years, making his identification reliable. His delay in reporting the identities until the following morning was satisfactorily explained by the traumatic events and his initial focus on aiding the victim, not impairing his credibility.
The acts of the accused demonstrated conspiracy. Berting Arellano opened the door, facilitating Danilo Lazo’s entry and subsequent shooting, showing coordinated action to achieve a common criminal purpose. The crime was correctly classified as a complex crime of Murder with Frustrated Murder under Article 48 of the Revised Penal Code, as a single bullet caused both the killing and the frustrated killing. The aggravating circumstances of treachery (sudden, unprovoked attack), nocturnity (deliberately using the cover of night), and dwelling (violation of the sanctity of the home) were properly appreciated. The penalty for the most serious crime (Murder) was applied in its maximum period, but in line with the constitutional prohibition on the death penalty at the time, reclusion perpetua was correctly imposed. The indemnity to the heirs was increased to P50,000.00.