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352 Phil. 39
FIRST DIVISION
[ G.R. No. 120282, April 20, 1998 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,
VS. ROBERT CASTILLO Y MONES, ACCUSED-APPELLANT.
D E C I S I O N
PANGANIBAN, J.:
The trial court
judge is not an idle arbiter during a trial. He can propound clarificatory questions to witnesses in order to ferret
out the truth. The impartiality of a
judge cannot be assailed on the mere ground that he asked such questions during
the trial.
The Case
This is an
appeal from the Decision[1] dated December 23, 1994 of the
Regional Trial Court of Quezon City, Branch 88, in Criminal Case No. Q-93-45235
convicting Robert Castillo y Mones of murder and sentencing him to reclusion
perpetua.[2]
On July 23,
1993, an amended Information[3] was filed by Assistant City
Prosecutor Ralph S. Lee, charging appellant with murder allegedly committed as
follows:
“That on or about the 25th day of May, 1993, in Quezon City, Philippines, the above-named accused, with intent to kill[,] qualified by evident premeditation, use of superior strength and treachery did then and there, willfully, unlawfully and feloniously assault, attack and employ personal violence upon the person of one ANTONIO DOMETITA, by then and there stabbing him with a bladed weapon[,] hitting him on his chest thereby inflicting upon him serious and mortal wounds, which were the direct and immediate cause of his untimely death, to the damage and prejudice of the heirs of the said ANTONIO DOMETITA.
CONTRARY TO LAW.”
Upon
arraignment, Appellant Castillo, assisted by Counsel Salacnib Baterina, entered
a plea of not guilty.[4] After trial in due course,
appellant was convicted. The
dispositive portion of the assailed Decision reads:
“WHEREFORE, premises considered, accused ROBERTO CASTILLO y MONES is found guilty beyond reasonable doubt of the crime of Murder and [is] hereby sentenced to suffer [the] penalty of reclusion perpetua. He is likewise ordered to pay the heirs of the deceased Antonio Dometita actual damages in the sum ofP60,000.00, the sum ofP50,000.00 by way of indemnity for the death of the victim and moral damages in the sum ofP100,000.00. He is likewise ordered to pay costs.
SO ORDERED.”[5]
Hence, this
appeal.[6]
The Facts
Evidence for the Prosecution
The Appellee’s
Brief[7] presents the facts as follows:
“On May 25, 1993, around one o’clock in the morning, Eulogio Velasco, floor manager of the Cola Pubhouse along EDSA, Project 7, Veteran’s Village, Quezon City, was sitting outside the Pubhouse talking with his co-worker, Dorie. Soon, Antonio “Tony” Dometita, one of their customers, came out of the pubhouse. As he passed by, he informed Eulogio that he was going home. When Tony Dometita was about an armslength [sic] from Eulogio, however, appellant Robert Castillo suddenly appeared and, without warning, stabbed Tony with a fan knife on his left chest. As Tony pleaded for help, appellant stabbed him once more, hitting him on the left hand.
Responding to Tony’s cry for help, Eulogio placed a chair between Tony and appellant to stop appellant from further attacking Tony. He also shouted at Tony to run away. Tony ran towards the other side of EDSA, but appellant pursued him.
Eulogio came to know later that Tony had died. His body was found outside the fence of the Iglesia ni Cristo Compound, EDSA, Quezon City.
Dr. Bienvenido Munoz, the medico-legal officer who autopsied Tony’s cadaver, testified that the proximate cause of Tony’s death was the stab wound on his left chest. Tony also suffered several incised wounds and abrasions, indicating that he tried to resist the attack.”[8]
Version of the Defense
On the other
hand, the defense viewed the facts in
this way:
[9]
“On May 25, 1993, the late Antonio Dometita was found dead by the police officers at the alley on the right side of the Iglesia ni Cristo Church at EDSA in Bago Bantay.
It is the theory of the prosecution that the deceased Antonio Dometita was stabbed by the accused Robert Castillo y Mones as testified to by Leo Velasco. The corroboration of Leo Velasco’s testimony is that of Melinda Mercado who (tsn Oct. 11, 1993) stated that Leo Velasco informed her that Dometita was stabbed. Robert Castillo was walking away from the pubhouse with the bladed weapon. Leo Velasco himself detailed the way Castillo stabbed the deceased Antonio Dometita.
On the other hand the defense claims that the deceased died in the alley at the right side of the church. That decedent Dometita was attacked by two malefactors as testified to by Edilberto Marcelino, a tricycle driver who saw two people ganging up on a third. The same witness saw the victim falling to the ground. (TSN January 5, 1994, page 8). A report of Edilberto Marcelino to the Barangay Tanod’s Office was made in the blotter of the Barangay and the extract (xerox of the page) was marked as Exhibit ‘2’.”
The Trial Court’s Ruling
The court a
quo gave full credence to the testimonies of the two prosecution witnesses,
who positively identified the appellant as the killer. It explained:
“From the testimonies of the witnesses of the prosecution and the defense, it can be gleaned that the accused, to exculpate himself from the liability, clung to the defense of alibi[,] saying that he was not at the place where the incident took place at the time of the killing. This was supported by the testimony of his mother and his neighbor and guide Malikdem. This, however, is contradicted by the testimonies of the two eyewitnesses of the prosecution who positively identified accused as the person who stabbed the victim. While the testimony of Mercado is to the effect that she did not actually see the accused hit the victim, she however, saw him walking away and carrying a bladed weapon at the scene of the crime. Velasco on the other hand, actually saw him lunged [sic] his fan knife at the victim. These were further strengthened by the findings of the medico-legal officer that the weapon used in killing the victim [was] similar to a balisong.”[10]
The trial court
also found that the killing was qualified by abuse of superior strength,
because “the accused used a deadly weapon in surprising the victim who [was]
unarmed.” Although treachery was
present, the trial court held that this was absorbed by abuse of superior
strength.
The Issues
The appellant
raises the following assignment of errors:[11]
“I
That the trial court failed to appreciate the evidence presented by the accused that there was a stabbing/mauling incident at the side street near the Iglesia ni Cristo Church at Edsa-Bago Bantay, Quezon City (at about the time of the alleged stabbing of victime [sic] Antonio Dometita according to the prosecution version), the same evidence for the accused being butressed and supported by the barangay blotter, marked Exhibit ‘2.’
II
That the trial court failed to appreciate the implications of: the medical finding that the heart and the lungs of the victim were impaled; that according to the testimony of the prosecution witness, PO3 Manolito Estacio, the victim was found at the side street near the Iglesia ni Cristo Church; and that that side street distant from the place the witnesses for the prosecution stated the victim was stabbed. These matters create reasonable doubt as to the guilt of the accused and cast distrust on the testimony of the witness Eulogio Velasco who allegedly witnessed the stabbing of the victim.
III
That the trial court in many instances showed its prejudice against the accused and in several instances asked questions that [were] well within the duty of the prosecution to explore and ask; it never appreciated other matters favorable to the accused, like the frontal infliction of the mortal wound and the presence [of] “defense wounds” which negate treachery and superiority.
IV
That the trial judge was bias[ed] against the accused hence the judgement of conviction.”
In the main,
appellant questions the trial judge’s (1) assessment of the credibility of the
witnesses and their testimonies and (2) alleged partiality in favor of the
prosecution as shown by his participation in the examination of witnesses.
This Court’s Ruling
The appeal is
bereft of merit.
First Issue: Credibility of Witnesses
Time and again,
this Court has adhered to the rule that the factual findings[12] of the trial court, as well as its
assessment of the credibility of witnesses,[13] are entitled to great weight and
are even conclusive and binding, barring arbitrariness and oversight of some
fact or circumstance of weight and substance. The evaluation of the credibility of witnesses is a matter that
peculiarly falls within the power of the trial court, as it has the opportunity to watch and observe the demeanor and
behavior of the witnesses on the stand.[14] In this case, appellant failed to
provide any substantial argument to warrant a departure from this rule.
The testimony of
Prosecution Witness Eulogio Velasco that he saw the appellant stab the victim
is clear and unequivocal. He was
sitting outside the pub house when the victim came out. Dometita, who was then only an arm’s length
away from him, turned around to say goodbye when, suddenly, the accused came
out of nowhere and stabbed the victim. Velasco narrated further that the victim asked him for help; so he
responded by placing a chair between the victim and the appellant to block the
assault of the accused.[15] Thereafter, he told Dometita to run
away. The accused then chased the
victim towards the other side of EDSA.[16] The relevant portions of Velasco’s
testimony are reproduced hereunder:
“Q Immediately thereafter, was there any unusual incident that happened?
A When Dorie went inside the pub house, that was the time Tony went out, sir.
COURT:
Q Who is this Tony?
A Antonio Dimatita alias Tony, Your Honor.
PROS. LEE:
Q When Antonio Dimatita [sic] alias Tony went out, what happened?
A Tony asked permission from me that he will go home, sir.
Q And what happened thereafter?
A When he ha[d] not gone far yet from me, Robert Castillo suddenly attacked him and stabbed him, sir.
Q What happened to Antonio Dimatita [sic] alias Tony when he was stabbed by accused Robert Castillo?
A He was taken aback. He was not able to cover up himself and he was hit by the stab made by Robert Castillo, sir.
Q On what part of the body was he hit?
A On the left side of the chest, sir.
Q And did you see in what summer [sic] accused Robert Castillo stabbed Antonio Dimatita [sic]?
A Like this, sir. (Witness demonstrating with his right arm above his shoulder with downward stabbing position.)
Q As you stated, after Tony was hit on the left side of [his] chest, what happened next?
A He was stabbed again and was hit on the arm, sir.
Q What arm? Left or right?
A On the left arm, air. (Witness is pointing to his left arm in between the 1st and second finger.)
Q After he was hit on the left arm, what happened next?
A He went near me and asked for help, sir. I placed a bench on the middle to block the way so that Robert Castillo [would] not be able to reach him and I told Tony to run away, sir.
Q Did Tony run away thereafter?
A Yes, sir.
Q How about accused Robert Castillo, what was he doing the[n]?
A He chased, sir.
Q What happened next?
A I heard Tony was already dead, sir.”
The testimony of
Velasco that the accused stabbed the victim on the left side of the chest and
then on the left arm was confirmed by the medical findings,[17] particularly the autopsy report of
Dr. Munoz, who testified as follows:[18]
“COURT
Q Can you tell the Court the relative position of the victim and the assailant when the stab wound was inflicted?
TRIAL PROS. RALPH S. LEE
Based on the wound, doctor.
WITNESS
A If the victim and the assailant were in a standing position, the assailant and the victim would be facing each other and the fatal wound was delivered from upward to downward, your honor.”
Witness Velasco
further testified that the accused used a bladed weapon which looked like a fan
knife.[19] This was also supported by Dr. Munoz, viz.:[20]
“Q Dr. Munoz, in your learned medical knowledge, what could have caused this stab wound marked as Exhibit “D”?
A This was inflicted by a sharp pointed single bladed instrument like kitchen knife or “balisong” or any similar instrument.”
Melinda Mercado,
the other prosecution witness, corroborated the story of Velasco. She testified that when she was inside the
pub, she heard Velasco shout that Antonio Dometita was stabbed.[21] She went out to verify and saw the
accused walking away. What she saw was
not the stabbing incident itself, but the accused wrapping a bladed weapon in
his shirt.[22] This confirms the assertion of
Velasco that the accused was still holding the bladed instrument as he chased
the victim.[23]
Clearly, the
straightforward, detailed and consistent narrations of the government witnesses
show that the trial court did not err in giving credence to the account of the
prosecution.
Appellant
contends that the trial court failed to appreciate the testimony of Defense
Witness Edilberto Marcelino who narrated a “stabbing/mauling incident” on a
side street that fateful night near the Iglesia ni Cristo Church, where the
victim’s body was found. Said witness
testified that he was driving his tricycle, when he noticed a group ganging up
on a man (pinagtutulungan).[24] He then saw the person fall.[25] He did not notice if the assailants
had weapons, as he was a bit far from them, illumination coming only from the
headlight of his tricycle. He stated
that the appellant, with whom he was familiar because he often saw him selling
cigarettes along EDSA,[26] was not one of those he saw ganging
up on the person who fell to the ground. He described one of the malefactors as long-haired and lanky, and the
other one as fair-complexioned with a medium build,[27] descriptions which did not fit the
accused. Upon witnessing the incident,
Marcelino immediately proceeded to the barangay hall to report the matter.
The trial court
did not accord weight to said testimony. We sustain this holding. Marcelino admitted that he was about twenty-five meters away from
the place of incident[28] and that said place was not
lighted. Furthermore, his tricycle was
then moving because he was in a hurry.[29] Thus, we agree with this statement
of the trial court: “ [C]onsidering that it was dark and the distance from
where the witness saw the incident [was] quite far, it could not have been
possible for him to recognize the victim and his attackers.”[30]
Appellant also
asserts that the trial court failed to appreciate the implications of the
medical finding that the heart and lungs of the victim were impaled. He argues
that these wounds made it impossible for the victim to traverse the distance
from the pub house to the Iglesia ni Cristo Church area, where his body was eventually
found. However, the testimony of the
medico-legal expert did not rule out this possibility, as gleaned from the
following:
“Q And if the stab wound was fatal, how long could have he [sic] lived after the infliction of the wound?
A It would be very very difficult to give the duration of survival because different individual[s] would have different types of survival. Others would [live] for five minutes and others would survive for at least... in shorter time.
Q But five minutes doctor would be a long time already. It could be the survival time of a person who has a strong constitution. Do you agree with me?
A No, sir. In this particular case considering that the involvement here of the heart is the left ventricle which is a very thick portion of the heart, I don’t think he would die in less than five minutes because the thick portion of the heart serves as a sealer once the instrument is pulled out, the tendency of the thick muscle is to close the injury so there is a much longer time for survival.”[31] (Underscoring supplied.)
Second Issue: Partiality of the Trial Judge
Appellant
declares that the trial judge was biased against him, for propounding questions
that were well within the prerogative of the prosecution to explore and
ask. More pointedly, appellant alleges
that the trial judge took over from the prosecution and asked questions in a
leading manner,[32] interrupted the cross-examination
to help the witness give answers favorable to the prosecution,[33] and asked questions which pertained
to matters of opinion and allusions of bad moral character, which could not be
objected to by defense counsel, because they have been ventiliated by the judge
himself.[34] To substantiate the alleged bias
and prejudice of the judge, appellant in his brief cited several pages from the
transcript of stenographic notes.[35]
The allegation
of bias and prejudice is not well-taken. It is a judge’s prerogative and duty to ask clarificatory questions to
ferret out the truth.[36] On the whole, the Court finds that
the questions propounded by the judge were merely clarificatory in nature. Questions which merely clear up dubious
points and bring out additional relevant evidence are within judicial
prerogative. Moreover, jurisprudence
teaches that allegations of bias on the part of the trial court should be
received with caution, especially when the queries by the judge did not
prejudice the accused. The propriety of a judge’s queries is determined not
necessarily by their quantity but by their quality and, in any event, by the test of whether the defendant
was prejudiced by such questioning. In this case, appellant failed to
demonstrate that he was prejudiced by the questions propounded by the trial
judge. In fact, even if all such questions
and the answers thereto were eliminated, appellant would still be convicted.
As correctly
observed by the solicitor general, “there was no showing that the judge had an
interest, personal or otherwise, in the prosecution of the case at bar. He is therefore presumed to have acted
regularly and in the manner [that] preserve[s] the ideal of the ‘cold
neutrality of an impartial judge’ implicit in the guarantee of due process (Mateo,
Jr. vs. Villaluz, 50 SCRA 18).”[37] That the trial judge believed the
evidence of the prosecution more than that of the defense, does not indicate
that he was biased. He simply accorded
greater credibility to the testimony of the prosecution witnesses than to that
of the accused.[38]
Alibi
Appellant’s
defense of alibi and denial is unavailing. For the defense of alibi to prosper, the accused must prove not only
that he was at some other place at the time the crime was committed, but that it was likewise physically
impossible for him to be at the locus criminis at the time of the
alleged crime.[39] This the appellant miserably failed
to do. Appellant contends that he was then asleep in his
house at the time of the incident. This
was supported by his mother who stated that he was asleep from 9:00 p.m. to
6:00 a.m. the next day[40] and by Rosemarie Malikdem who said
that she visited the accused on the night of May 24, 1993 to counsel him, which
was her task in the Samahamg Magkakapitbahay.[41] Appellant failed to demonstrate,
however, the distance between the crime scene and his house. Indeed, he testified that his house was
“near” the crime scene. In any event,
this defense cannot overturn the clear and positive testimony of the credible
eyewitnesses who located appellant at the locus criminis and identified
him as the assailant.[42]
Aggravating Circumstances
The Court agrees
with the trial court that appellant is guilty of murder for the death of
Antonio Dometita. We likewise agree
that the prosecution was unable to prove the aggravating circumstance of
evident premeditation. For this
circumstance to be appreciated, there must be proof, as clear as the evidence
of the crime itself, of the following elements: 1) the time when the offender
determined to commit the crime, 2) an act manifestly indicating that he clung
to his determination, and 3) a sufficient lapse of time between determination
and execution to allow himself time to reflect upon the consequences of his
act.[43] These requisites were never
established by the prosecution.
On the other
hand, we disagree with the trial court that the killing was qualified by abuse
of superior strength. “To properly appreciate the aggravating circumstance of
abuse of superior strength, the prosecution must prove that the assailant
purposely used excessive force out of proportion to the means of defense
available to the person attacked.”[44] The prosecution did not demonstrate
that there was a marked difference in the stature and build of the victim and
the appellant which would have precluded an appropriate defense from the
victim. Not even the use of a bladed
instrument would constitute abuse of superior strength if the victim was
adequately prepared to face an attack, or if he was obviously physically
superior to the assailant.
Nonetheless, we
hold that the killing was qualified by treachery. “Treachery is committed when two conditions concur, namely, that
the means, methods, and forms of execution employed gave the person attacked no
opportunity to defend himself or to retaliate[;] and that such means, methods,
and forms of execution were deliberately and consciously adopted by the accused
without danger to his person.”[45] These requisites were evidently
present in this case when the accused appeared from nowhere and swiftly and
unexpectedly stabbed the victim just as he was bidding goodbye to his friend,
Witness Velasco. Said action rendered
it difficult for the victim to defend himself. The presence of “defense wounds” does not negate treachery because, as
testified to by Velasco, the first stab, fatal as it was, was inflicted on the
chest. The incised wounds in the arms
were inflicted when the victim was already rendered defenseless.
Damages
The trial court
awarded indemnity and actual and moral damages to the heirs of the victim. We sustain the award of indemnity in the
amount of P50,000, but we cannot do the same for the actual and moral
damages which must be supported by proof. In this case, the trial court did not state any evidentiary basis for
this award. We have examined the
records, but we failed to find any, either.
WHEREFORE, the appeal is hereby DENIED
and the assailed Decision is AFFIRMED,[46] but the award of actual and moral
damages is DELETED for lack of factual basis. Costs against appellant.
SO ORDERED.
[1]
Rollo, pp. 13-17.
[2]
Penned by Judge Tirso D.C. Velasco.
[3]
Rollo, p. 5.
[4]
Records, p. 18.
[5]
Rollo, p. 17.
[6]
The case was deemed submitted for decision on February 6, 1997 upon receipt by
this Court of Appellee’s Brief. The filing of a reply brief was deemed waived.
[7]
This Brief was signed by Assistant Solicitor General Carlos N. Ortega and
Solicitor Geraldine C. Fiel-Macaraig.
[8]
Appellee’s Brief, pp. 3-5; Rollo, pp. 83-85.
[9]
Appellant’s Brief, p. 1. This was
signed by Attys. Salacnib Baterina and Ismael Baterina.
[10]
Decision, p. 3; Rollo, p. 15.
[11]
Appellant’s Brief, pp. (50) i-ii.
[12]
People vs. Sumbillo, G.R. No.
105292, April 18, 1997; People vs. Quinao, G.R. No. 108454, March 13, 1997; People vs. Nuestro, 240 SCRA 221, January 18, 1995.
[13]
People vs. Ombrog, G.R. No. 104666, February 12, 1997; People vs. Sumbillo, supra; People vs. Ortega,
G.R. No. 116736, July 24, 1997; People vs. de Guzman, 188 SCRA 405,
August 7, 1990.
[14]
People vs. Morin, 241 SCRA 709, February 24, 1995; People vs. Cogonon,
262 SCRA 693, October 4, 1996.
[15]
TSN, September 1, 1993, p. 12.
[16]
Ibid., p. 51.
[17]
TSN, September 1, 1993, p. 11.
[18]
TSN, August 12, 1993, p. 10
[19]
TSN, September 1, 1993, p.13.
[20]
TSN, August 12, 1993, p. 8.
[21]
TSN, October 11, 1993, p. 8.
[22]
Ibid., pp. 9 - 10.
[23]
TSN, September 1, 1993, p. 14.
[24]
TSN, January 5, 1995, p. 8.
[25]
Ibid., p. 16.
[26]
Id., p. 17.
[27]
Id., p. 18.
[28]
TSN, January 5, 1995, p. 27.
[29]
Ibid., p. 30.
[30]
Decision, p. 4; Rollo, p. 16.
[31]
TSN, August 12, 1993, p. 12.
[32]
Appellant’s Brief, p. 7.
[33]
Ibid., p. 8.
[34]
Id., p. 11.
[35]
Appellant’s Brief, pp. 6-13.
[36]
People vs. Tabarno, 242 SCRA
456, March 20, 1995; Ventura vs. Yatco, 105 Phil 287, March 16, 1959; People vs. Catindihan, 97 SCRA 196, April 28, 1980.
[37]
Appellee’s Brief, p. 13; Rollo, p. 93.
[38]
People vs. Tabarno, supra.
[39]
People vs. Umali, 242 SCRA 17,
March 1, 1995; People vs. Hortillano, 177 SCRA 729, September 19, 1989; People vs. Cabresos, 244 SCRA 362, May, 26, 1995.
[40]
TSN, February 23, 1994, p. 4.
[41]
TSN, July 12, 1994, pp. 6-7.
[42]
People vs. Sumbillo, supra;
People vs. Baydo, GR No. 113799,
June 17, 1997.
[43]
People vs. Baydo, supra;
People vs. Halili, 245 SCRA 340,
June 27, 1995.
[44]
People vs. Ruelan, 231 SCRA 650,
April 19, 1994; People vs. Casingal, 243 SCRA 37, March 29, 1995.
[45]
People vs. Maalat, GR No. 109814,
July 8, 1997, per Romero, J.; People vs. Tuson, GR No. 106345-46, September 16, 1996.
[46]
As discussed, however, the killing is qualified by treachery, not by abuse of
superior strength.