G.R. No. 98253 November 25, 1994
People of the Philippines, plaintiff-appellee, vs. Deolito Rosalijos and Robert Bilan, defendants-appellants.

FACTS

Deolito Rosalijos and Robert Bilan were charged with Murder for the killing of Bayani Latayan on January 15, 1989, in Las Piñas, Metro Manila. The prosecution’s version, based on the testimonies of the victim’s common-law wife Elizabeth and son Miguelito, was that at around 4:00 a.m., two persons entered their house. Bilan and an unidentified man repeatedly stabbed Latayan while he was in bed. Simultaneously, Rosalijos prevented Elizabeth and Miguelito from leaving or calling for help by poking a knife at Elizabeth’s neck. The house was illuminated by a gasera, enabling their identification. The assailants fled upon hearing gunshots (fired by the victim). Police apprehended Rosalijos and Bilan later that morning after a chase, finding blood on their clothes and a knife in Rosalijos’s possession. Bilan claimed self-defense, testifying that Latayan shot him first as he passed by the victim’s house, prompting him to stab Latayan in response. Rosalijos denied any participation, claiming he was merely Bilan’s companion. The trial court convicted both accused of Murder and sentenced them to Reclusion Perpetua. During the appeal, appellant Robert Bilan died. Consequently, the Supreme Court dismissed the case as to his criminal and civil liability, leaving only the appeal of Rosalijos for resolution.

ISSUE

Whether the trial court erred in convicting appellant Deolito Rosalijos of Murder based on the evidence presented.

RULING

The Supreme Court affirmed the conviction of appellant Deolito Rosalijos for Murder. The Court held that Rosalijos’s mere denial of participation could not prevail over the positive and categorical identification by prosecution witnesses Elizabeth and Miguelito Latayan, who testified that he prevented them from leaving while the victim was being stabbed. His act of holding them at bay demonstrated concurrence with the common design to kill the victim, establishing conspiracy. The alleged inconsistencies in the prosecution’s evidence were deemed minor and did not affect the witnesses’ credibility on the essential facts of the crime. However, the Court modified the penalty. The qualifying circumstance of treachery was not sufficiently established because the prosecution failed to prove how the attack commenced. With no qualifying or aggravating circumstance proven, the crime was homicide, not murder. Applying the Indeterminate Sentence Law, the Court sentenced Rosalijos to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. The award of civil indemnity was increased to P50,000.00, and the actual damages of P15,739.40 were affirmed.