G.R. No. L-43720 December 27, 1982
The People of the Philippines, plaintiff-appellee, vs. Jorge Golfo, defendant-appellant.

FACTS

Jorge Golfo, along with Ricardo Golfo and Melencio Baybay, was convicted of murder for the killing of Mauricio Glorioso. The prosecution evidence established that late in the afternoon of December 9, 1970, the victim, with his hands tied behind his back, was led away by the accused to a field. There, Baybay hacked Glorioso on the neck and back, after which Ricardo Golfo delivered the coup de grace. The eyewitness, Rodolfo Glorioso, nephew of the victim, testified that he saw the entire incident and identified Jorge Golfo as present and armed among the group that led his uncle away and witnessed the killing.
At trial, Jorge Golfo interposed an alibi, claiming he was on duty as desk sergeant at the municipal building at the time of the crime. He supported this with a police blotter entry and certifications from fellow officers. The trial court disbelieved this defense, noting the blotter was entered by a co-accused, the chief of police. The court acquitted Mayor Dalusag, alleged to have ordered the killing, for insufficiency of evidence but convicted the three appellants.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt the criminal liability of appellant Jorge Golfo as a co-conspirator in the murder of Mauricio Glorioso.

RULING

Yes. The Supreme Court affirmed the conviction. The acquittal of Mayor Dalusag does not absolve appellant, as the probative value of the evidence against him is assessed independently. The eyewitness account of Rodolfo Glorioso was found credible and constituted the crux of the prosecution’s case. His testimony vividly detailed the event and positively identified Jorge Golfo as part of the group that captured and executed the victim.
The Court rejected Golfo’s alibi. The police blotter entry was deemed untrustworthy as it was made by a co-accused, and supporting certifications were either hearsay or based on that tainted blotter. His presence at the crime scene, armed and overseeing the execution of the mayor’s alleged order, established community of design with his co-accused. His actions demonstrated concerted effort to ensure the killing was carried out, making him a co-conspirator.
The killing constituted murder qualified by treachery, as the victim was bound and utterly defenseless when hacked to death. The penalty of reclusion perpetua was thus proper. The trial court’s judgment was affirmed.