GR L 31102; (May, 1979) (Digest)
G.R. No. L-31102 May 5, 1979
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE DUEÑO alias FELIPE CATALAN, SOFRONIO DUEÑO and ANDRESITO BELONIO alias HAPON, defendants-appellants.
FACTS
The three accused were charged with murder for the killing of Bernardo Demontano on January 21, 1963, in Maayon, Capiz. The prosecution evidence established that earlier that afternoon, accused Felipe Dueño fired at prosecution witness Roque Dellomos. That same evening, while Dellomos and the victim were in Dellomos’ house, a gunshot was heard as the victim opened the door. Dellomos, using a flashlight, saw Felipe Dueño with a gun, Sofronio Dueño also armed, and Andresito Belonio holding a bolo outside. The victim was found dead from a gunshot wound. Neighbor Federico Dolfo, who heard the shots, later saw the three accused fleeing the scene. The defense of appellants Sofronio Dueño and Andresito Belonio was alibi, claiming they were in a different barrio at the time. After trial, the Court of First Instance of Capiz convicted all three and sentenced them to reclusion perpetua. Felipe Dueño and Sofronio Dueño later withdrew their appeals, leaving only Andresito Belonio’s appeal for review.
ISSUE
The core issue is whether the prosecution proved the guilt of appellant Andresito Belonio beyond reasonable doubt, specifically his alleged conspiracy in the murder.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found the testimonies of eyewitness Roque Dellomos and corroborating witness Federico Dolfo to be credible, consistent, and sufficient to establish the events of the crime. Dellomos positively identified Belonio as one of the three armed men at the scene of the killing. The defense of alibi was correctly rejected as it was not physically impossible for Belonio to have been at the crime scene. The Court upheld the finding of conspiracy among the accused. The act of one in furtherance of the common criminal design is imputable to all. The presence of Belonio, armed with a bolo, alongside his co-accused who fired the fatal shot, demonstrated a community of criminal purpose. The killing was qualified by treachery, as the attack was sudden and without warning, ensuring the victim’s defenselessness. The Court modified the civil indemnity, increasing it to P12,000.00, but sustained the penalty of reclusion perpetua for Belonio.