GR 95901; (June, 2003) (Digest)
G.R. No. 95901 ; June 16, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. CRISTITO SIBONGA, et al., Accused. ANTONIO B. SIBONGA and CENON S. BULAGAO, Appellants.
FACTS
The appellants, Antonio Sibonga and Cenon Bulagao, along with several co-accused, were charged with the murder of Gaudioso Kostanilla. The prosecution evidence established that on December 10, 1989, Vicente Ello sought the help of accused Juan Veranio, leader of a civilian group called the “Greenan,” after the intoxicated victim had assaulted Ello’s daughter. Veranio, asserting authority as a peacekeeper, mobilized armed members, including the appellants, to arrest Kostanilla. The group proceeded to the victim’s house, woke him, and brought him outside.
At the scene, the accused, acting in concert, attacked the victim. The appellants were positively identified by prosecution witness Gaudioso Isugan as active participants: Bulagao held the victim’s hand while another stabbed him, and Sibonga hacked the victim on the neck. The victim sustained multiple fatal wounds, including stab, hack, and gunshot injuries. The defense of denial and alibi was rejected by the trial court, which found the appellants guilty of murder and sentenced them to reclusion perpetua.
ISSUE
Whether the appellants are guilty of murder, qualified by treachery and abuse of superior strength.
RULING
Yes, the appellants are guilty of murder. The Supreme Court affirmed the conviction, upholding the trial court’s assessment of witness credibility. The positive identification by Isugan, who had no motive to falsely testify, prevailed over the weak defenses of denial and alibi. The Court found the qualifying circumstance of abuse of superior strength to be present. The appellants, along with their heavily armed cohorts, employed their collective force to ensure the victim had no chance to defend himself. This situation, where the attackers used their numerical and weaponry advantage to overpower the unarmed and isolated victim, constitutes abuse of superior strength, which absorbs the circumstance of treachery.
The penalty of reclusion perpetua was correctly imposed. However, the civil indemnity was modified in line with prevailing jurisprudence. The appellants were ordered to pay, jointly and severally, the heirs of the victim the amounts of ₱50,000 as civil indemnity, ₱50,000 as moral damages, and ₱25,000 as exemplary damages. The decision of the Regional Trial Court was affirmed with these modifications.