GR L 33642; (September, 1984) (Digest)
G.R. No. L-33642 September 28, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RIZALDO LOPEZ, RODOLFO LOPEZ and RODRIGO LOPEZ, defendants-appellants.
FACTS
The accused-appellants, Rodrigo Lopez, Rizaldo Lopez, and Rodolfo Lopez, were convicted of murder for the death of Juan Moises. During a benefit dance, the prosecution evidence, primarily from eyewitness Salvacion Latosa, established that the appellants surrounded Moises. Rodrigo hit him with a beer bottle on the head, Rizaldo stabbed him twice with a knife, and Rodolfo struck him with a bolo. The victim died from hemorrhage due to multiple stab wounds. The defense presented a contradictory version. Rodrigo claimed he acted in self-defense, alleging that Moises was the aggressor who attacked him with a knife after a verbal altercation, forcing him to retaliate with his bolo. Rizaldo and Rodolfo interposed alibi, denying any presence or participation at the crime scene.
ISSUE
The core issues were the credibility of the prosecution witnesses, the presence of conspiracy and treachery, the validity of Rodrigo Lopez’s claim of self-defense, and the participation of Rizaldo and Rodolfo Lopez.
RULING
The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility was upheld, as the prosecution eyewitness account was clear, consistent, and more credible than the defenses presented. The claim of self-defense by Rodrigo Lopez was correctly rejected for being untenable. The court found it improbable that the physically superior Moises failed to inflict any injury on Rodrigo during the alleged knife attack, and the claimed prior cordial relationship contradicted the sudden violent provocation. The simultaneous attack by the three appellants, surrounding and assaulting the victim, established conspiracy and the qualifying circumstance of treachery, as the mode of attack ensured the victim had no opportunity to defend himself. The alibis of Rizaldo and Rodolfo were weak and could not prevail over the positive identification by the prosecution witness. The appealed decision was affirmed with the modification of increasing the civil indemnity to the heirs of the deceased from P12,000.00 to P30,000.00.