G.R. No. 98154 February 9, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO WAGGAY y WANGI, Chairman, RUDY DALUWOG y WANGI, BURTON DALUWOG and JOHN DOE, accused. FERNANDO WAGGAY y WANGI, accused-appellant.

FACTS

On February 19, 1988, during the fiesta at Philex Mines, Juan Mano visited his cousin, Lito Mano. They spent the evening drinking and watching festivities. Separately, earlier that night at around 8:55 PM, an altercation occurred involving accused Fernando Waggay, Rudy Daluwog, and others, resulting in injuries to Waggay and Daluwog. This group was later released after signing a promissory note for further investigation. Around midnight, as Juan and Lito Mano were walking home on a well-lit road, they were accosted by four persons, including Fernando Waggay and Rudy Daluwog, who asked if they were from Alang, Camp 3. After the cousins answered they were from Taluan and moved on, Juan Mano looked back and saw Fernando Waggay hack Lito Mano. Juan Mano ran and was chased by two of the assailants. Lito Mano, left behind, was heard pleading for his life. Eyewitnesses Alejandro Bacbac and Manuel Quines saw Lito Mano being chased, held by two persons, and repeatedly stabbed at the back by Rudy Daluwog. Lito Mano was brought to the hospital but died from multiple stab wounds. Fernando Waggay was charged with murder, pleaded not guilty, and was convicted by the trial court, which sentenced him to reclusion perpetua and ordered him to pay damages. Waggay appealed, raising issues regarding witness credibility, the defense evidence, the crime’s classification, and reasonable doubt.

ISSUE

1. Whether the guilt of accused-appellant Fernando Waggay for the crime of murder has been proven beyond reasonable doubt.
2. Whether the qualifying circumstance of abuse of superior strength was clearly established.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATION. The guilt of Fernando Waggay was proven beyond reasonable doubt. The positive and categorical testimony of prosecution witness Juan Mano, who was with the victim immediately before the killing and identified Waggay as the one who hacked Lito Mano under favorable visibility conditions, was found credible and prevailed over Waggay’s bare denial and alibi defense. The Court agreed with the trial court’s finding that the attack was a continuous event, with Juan Mano witnessing the onset and other witnesses seeing its continuation. The qualifying circumstance of abuse of superior strength was properly appreciated as the attack was carried out by four armed assailants against an unarmed victim who was held and then stabbed, clearly showing a deliberate use of force superiority to facilitate the crime. The Court affirmed the penalty of reclusion perpetua and the award of actual and moral damages. Additionally, in line with prevailing jurisprudence, the Court ordered accused-appellant to pay the heirs of Lito Mano the amount of P50,000.00 as civil indemnity for the victim’s death.