G.R. No. 94992 -93. April 7, 1993.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENJAMIN RAMIREZ SARINO, CHARLITO RAMIREZ SARINO and OSCAR FLORA, alias “OCA,” accused. BENJAMIN RAMIREZ SARINO and OSCAR FLORA, alias “OCA”, accused-appellants.

FACTS

Accused Benjamin Ramirez Sarino, Charlito Ramirez Sarino (at large), and Oscar Flora were charged with Murder and Frustrated Murder. The informations alleged that on February 25, 1988, in Navotas, Metro Manila, the accused, conspiring and armed with a samurai, with intent to kill, treachery, and evident premeditation, attacked and stabbed Jolito Rosel, causing his death, and stabbed Nympha Rosel, performing all acts of execution for murder which did not produce the crime due to timely medical attendance. Appellants Benjamin Sarino and Oscar Flora pleaded not guilty. The prosecution evidence established that on the night of February 25, 1988, Jolito Rosel was at his house with his wife Nympha, mother Encarnacion, and sister Ceferina. Jolito was sitting on a bench outside, sipping coffee, when accused Oscar Flora and Charlito Sarino arrived. Flora grabbed Encarnacion by the hair, hitting her head with a gun, and said, “you are good for only one bullet.” Charlito held Ceferina by the hair and pointed a bolo at her neck. Appellant Benjamin Sarino then entered, shouted “putang ina ninyo,” and immediately stabbed Jolito on the right side of the abdomen. When Nympha shouted for help, Benjamin also stabbed her on the right side of the stomach. The appellants fled after the incident.

ISSUE

The primary issue is whether the accused-appellants are guilty beyond reasonable doubt of the crimes of Murder and Frustrated Murder, including the determination of the presence of qualifying and aggravating circumstances such as conspiracy, treachery, evident premeditation, and dwelling.

RULING

The Supreme Court affirmed the convictions with modifications. The factual findings and credibility assessments of the trial court are upheld. Appellants were positively identified by eyewitnesses under favorable visibility conditions, and their relationship to the victims does not disqualify their testimony. Minor inconsistencies in the witnesses’ testimonies do not affect credibility. The appellants’ flight indicates guilt. Conspiracy was established through the accused’s concerted acts aimed at the same object, making each conspirator liable for the crimes committed. Treachery attended the killing of Jolito Rosel as the attack was sudden and synchronal, ensuring the victim had no chance to defend himself. Treachery was also present in the stabbing of Nympha Rosel, as the attack was sudden and she had no opportunity to repel it or escape. The aggravating circumstance of dwelling is not appreciated in Jolito’s killing as he was attacked outside his house on a bench, but it is considered in Nympha’s case as she was stabbed inside the house. Evident premeditation was not proven due to lack of evidence on how and when the plan was hatched. The civil indemnity for death is increased to P50,000.00. Appellants Benjamin Sarino and Oscar Flora are found guilty of Murder for the death of Jolito Rosel and Frustrated Murder for the stabbing of Nympha Rosel.