GR L 41133; (June, 1988) (Digest)
G.R. No. L-41133 June 22, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANATALIO BOMBESA, FRANCISCO JUSTO, and VENANCIO JUSTO, defendants, FRANCISCO JUSTO, defendant-appellant.
FACTS
The accused, Anatalio Bombesa, Francisco Justo, and Venancio Justo, were charged with Murder for the killing and beheading of Victorio Intia on January 9, 1972, in Kolambugan, Lanao del Norte. After trial, all were convicted and sentenced to reclusion perpetua. The appeals of Bombesa and Venancio Justo were dismissed due to a withdrawn motion and death, respectively, leaving only Francisco Justo as the active appellant. The prosecution’s case rested primarily on the testimonies of Rafael Justo, appellant’s brother, and Urbano Colongan. Rafael testified that his brothers confessed their involvement to him, while Colongan overheard Bombesa narrate the incident, implicating all three accused in the attack and beheading.
ISSUE
The core issue is whether the testimonial evidence presented by the prosecution is sufficient to prove the guilt of appellant Francisco Justo for the crime of Murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the crime from Murder to Homicide and adjusted the penalty. The Court found the testimonies of Rafael Justo and Urbano Colongan credible and sufficient to establish appellant’s participation as a principal in the killing. The trial court correctly disregarded Rafael’s subsequent recantation during trial, noting his unnatural and aggressive demeanor, which suggested the recantation was unreliable. Courts are permitted to believe one part of a witness’s testimony and disbelieve another. Appellant’s claim that Rafael was coerced by PC investigators pertained only to the execution of his affidavit, not his court testimony, and the alleged financial motive was deemed too insignificant to induce false testimony. However, the Court found the qualifying circumstance of treachery not proven. The prosecution’s own evidence, via Colongan’s account, indicated the victim was able to retaliate and defend himself initially, demonstrating that the attack was not so sudden and deliberate as to ensure the victim’s inability to resist. Absent treachery, the crime is Homicide. Appellant was sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor as minimum to 14 years, 8 months, and 1 day of reclusion temporal as maximum, with the civil indemnity increased to P30,000.00.