G.R. No. L-26241; May 21, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE VICENTE, ERNESTO ESCORPIZO, ALFREDO BEDONIO and AMBROCIO CABILES, JR., defendants-appellants.

FACTS

On the night of October 29, 1965, Jaime Soriano was attacked and stabbed in front of the public market in Asingan, Pangasinan, resulting in his death that same evening. The autopsy revealed he sustained multiple wounds, six of which were fatal, inflicted by sharp-edged instruments and a broken bottle. The prosecution’s primary evidence was the eyewitness account of Virgilio Sarmiento, who testified that while he, Soriano, and Florentino Arellano were at a store, accused Jose Vicente approached Soriano, asked him a question in Ilocano, and then immediately pulled a dagger and stabbed him repeatedly. Accused Ernesto Escorpizo then stabbed Soriano with a small knife. Accused Alfredo Bedonio and Ambrocio Cabiles, Jr. picked up stones and stoned the prostrate Soriano and also threw stones at Sarmiento and Arellano. The four accused were arrested together hours later in barrio Dumampot. The defense of all accused was alibi, claiming they were together in Urdaneta and walking back to Asingan at the time of the crime. Jose Vicente, Ernesto Escorpizo, and Ambrocio Cabiles, Jr. also claimed their extra-judicial confessions were extracted through force or intimidation. The trial court convicted all four accused of murder qualified by treachery and sentenced them to life imprisonment.

ISSUE

The sole issue on appeal is the credibility of witnesses, specifically whether the trial court erred in giving credence to the testimony of eyewitness Virgilio Sarmiento and weight to the extra-judicial confessions, and in imposing the penalty.

RULING

The Supreme Court affirmed the conviction of Jose Vicente as principal by direct participation, finding the eyewitness testimony positive and credible, and his extra-judicial confession voluntary. The Court modified the conviction of Ernesto Escorpizo, finding him guilty only as an accomplice because his confession, which was the main evidence against him, only stated he stabbed the victim after Vicente had already attacked, indicating he cooperated in the execution of the crime by previous or simultaneous acts but without direct participation in the treacherous assault. The Court acquitted Alfredo Bedonio and Ambrocio Cabiles, Jr. on reasonable doubt, as the evidence was insufficient to prove their specific criminal roles beyond doubt; Sarmiento’s observation of them could have been affected by the excitement of the incident, Bedonio was not forced to make a statement after denying participation, and the confessions of Vicente and Escorpizo did not implicate Bedonio and Cabiles in the stabbing. Jose Vicente was sentenced to life imprisonment. Ernesto Escorpizo was sentenced as an accomplice to an indeterminate penalty of 10 years and 1 day of prision mayor as minimum, to 17 years and 4 months of reclusion temporal as maximum. They were ordered to indemnify the heirs of the deceased jointly and severally.