GR 81249 51; (May, 1990) (Digest)
G.R. Nos. 81249-51, May 14, 1990
People of the Philippines vs. Edilberto Laredo alias “Peter” and Narciso Dalisay alias “Bebot”
FACTS
Accused-appellants Edilberto Laredo and Narciso Dalisay, along with two others, were charged with two counts of Murder for the deaths of Bernabe Balin and Wilky Rodas, and one count of Frustrated Murder against Rodelito Balin. The prosecution evidence established that on the evening of May 13, 1981, the accused, armed with bladed weapons and stones, attacked the victims at their house in Sitio Mangat. Rodelito Balin, an eyewitness, testified that the group stoned their house before ascending. The accused then ordered the victims to raise their hands. Laredo hacked Rodas, while Abelardo Luminate stabbed Bernabe Balin. Laredo subsequently hacked both Bernabe and Rodas on their backs. Dalisay participated by throwing stones, hitting both Bernabe and Rodelito Balin. Bernabe Balin and Wilky Rodas died from their wounds, while Rodelito Balin survived due to medical intervention.
The defense consisted of alibi and denial. Dalisay claimed he was elsewhere, supported by a witness. They also argued a lack of motive. The trial court convicted Laredo and Dalisay of two counts of Murder and one count of Frustrated Murder, sentencing each to two penalties of reclusion perpetua for the murders and an indeterminate sentence for the frustrated murder. The Luminate brothers remained at large.
ISSUE
The core issue is whether the guilt of accused-appellants Edilberto Laredo and Narciso Dalisay for the crimes of Murder and Frustrated Murder was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the convictions. The positive identification by eyewitness Rodelito Balin, who knew the appellants well, prevailed over the defenses of alibi and denial. The Court found his testimony clear, credible, and consistent. The police blotter entry, which was an official record, corroborated Dalisay’s presence and involvement, outweighing his alibi witness. The presumption of regularity in the performance of official duty attached to the blotter entry.
Regarding conspiracy, the appellants’ collective and simultaneous actions in attacking the victims demonstrated a community of criminal purpose, making each liable for the acts of the others. The Court found motive established by evidence of a prior altercation between Laredo’s brother and victim Bernabe Balin, providing reason for retaliation. The qualifying circumstance of treachery was present as the attack was sudden, rendering the victims defenseless. The penalty for Frustrated Murder was modified to an indeterminate sentence of six years and one day of prision mayor, as minimum, to twelve years and one day of reclusion temporal, as maximum. Civil indemnity for each murder was increased to P30,000.00.
