GR 96697; (March, 1992) (Digest)
G.R. No. 96697 March 26, 1992
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JAIME COMPETENTE and JESUS COMPETENTE, accused-appellants.
FACTS
Accused-appellants Jesus Competente and his son Jaime were convicted of Murder for the killing of Barangay Tanod Nestor Dacir during a fiesta in Albay. The prosecution’s eyewitnesses, Rosita Galan and Antonio Calmada, testified that after the victim’s house was stoned, the victim followed the perpetrators towards the Competente residence. As the victim approached, Jesus Competente exclaimed, “Here he is, here he is.” When the victim tripped and fell, Jesus immediately sat astride his back and strangled him. Jaime then arrived and stabbed the fallen victim with a kitchen knife before retreating. Jesus continued the assault until his wife intervened. The victim died upon arrival at the hospital.
The defense denied involvement, claiming another individual, Feliciano Bacho, was the culprit. They presented witnesses stating Bacho had confessed to the stabbing and that the victim’s wife initially cooperated in filing a complaint against Bacho. The defense argued the trial court erred in crediting the prosecution’s version and in finding the aggravating circumstances of evident premeditation and treachery.
ISSUE
The core issue is whether the trial court erred in convicting the accused-appellants of Murder based on the credibility of the prosecution witnesses and the presence of treachery.
RULING
The Supreme Court affirmed the conviction but modified the damages. The Court found no reason to reverse the trial court’s assessment of witness credibility, which is accorded great respect. It upheld the finding that the accused-appellants, not Bacho, were the assailants, noting the victim’s wife had identified them in an affidavit the day after the incident and that a reinvestigation by the Provincial Fiscal had dismissed the case against Bacho and recommended filing an information for Murder against the Competentes.
The Court agreed with the defense that evident premeditation was not proven, as there was insufficient evidence of prior conception and determination. However, it ruled that treachery was present. The attack on the victim—strangled and stabbed while he was face down on the ground after tripping—employed means that ensured the execution of the killing without any risk to the assailants arising from the victim’s possible defense. This qualified the killing to Murder. The Court increased the civil indemnity to P50,000.00 and ordered the immediate arrest of the accused-appellants, censuring the trial judge for erroneously allowing their provisional liberty after conviction.