GR L 35783; (March, 1975) (Digest)
G.R. No. L-35783 March 12, 1975
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALIK MAGONAWAL and MINTIR MAGONAWAL, defendants-appellants.
FACTS
The prosecution charged brothers Salik and Mintir Magonawal with double murder for the deaths of Sarbaya Sarilama (Mintir’s wife) and Saavedra Bayao on March 5, 1970, in Cotabato. The prosecution’s theory, based on circumstantial evidence from the victims’ fathers, was that the brothers killed Sarbaya for being a police informant against Salik, and Saavedra for unknown reasons. The witnesses testified to hearing gunshots, seeing the accused fleeing with a shotgun and bolo, and later discovering the victims’ bodies with hack and gunshot wounds. No autopsy was conducted. The defense presented a different account, with Mintir confessing that he alone killed both victims upon discovering them engaged in sexual intercourse, acting under the exceptional circumstances of catching them in flagrante delicto.
ISSUE
Whether the guilt of the appellants for the crime of double murder was proven beyond reasonable doubt.
RULING
The Supreme Court reversed the trial court’s conviction for double murder. The prosecution’s circumstantial evidence was deemed insufficient to prove guilt beyond reasonable doubt, as the witnesses’ testimonies contained material inconsistencies with their prior sworn statements, impairing their credibility. The Court found the prosecution’s alleged motive for the killings unconvincing, particularly for Saavedra. Conversely, the Court gave credence to Mintir Magonawal’s admission, which supplied a clear motive under Article 247 of the Revised Penal Code. Consequently, Salik Magonawal was acquitted due to lack of proof. Mintir Magonawal was convicted under Article 247 for killing his spouse and her paramour caught in the act. Considering the absence of modifying circumstances, the penalty imposed was destierro. However, the Court ruled that Mintir could be credited with his period of preventive imprisonment since August 1970 in lieu of serving the destierro, provided he qualified under Article 29 of the Revised Penal Code.