389 Phil. 601
QUISUMBING, J.:
Criminal Case No. 4810During arraignment, both appellants pleaded not guilty. Trial thereafter ensued. Resolving jointly Criminal Cases Nos. SC-4810, SC-4811 and SC-4812, the trial court convicted both appellants for the murder of Emerita Roma and Ireneo Gallarte, and the attempted murder of Flor Espinas. The dispositive portion of the decision reads:
"That on or about January 10, 1993, at around 1:30 o'clock in the morning thereof, in Sitio Silab, Barangay Longos, municipality of Kalayaan, province of Laguna, and within the jurisdiction of this Honorable Court, accused Hermogenes Flora @ Bodoy, conspiring and confederating with accused Edwin Flora @ Boboy, and mutually helping one another, while conveniently armed then with a caliber .38 handgun, with intent to kill, by means of treachery and with evident premeditation, did then and there wilfully, unlawfully and feloniously attack, assault and shoot with the said firearm one EMERITA ROMA y DELOS REYES, thereby inflicting upon the latter gunshot wounds on her chest which caused her immediate death, to the damage and prejudice of her surviving heirs.
That in the commission of the crime, the aggravating circumstances of treachery and evident premeditation are present."[2]
Criminal Case No. 4811
"That on or about January 10, 1993, at around 1:30 o'clock in the morning thereof, in Sitio Silab, Barangay Longos, municipality of Kalayaan, province of Laguna, and within the jurisdiction of this Honorable Court, accused HERMOGENES FLORA @ Bodoy, conspiring and confederating with accused Erwin [Edwin] Flora @ Boboy, and mutually helping one another, while conveniently armed then with a caliber .38 handgun, with intent to kill, by means of treachery and with evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and shoot with the said firearm one IRENEO GALLARTE y VALERA, thereby inflicting upon the latter gunshot wounds on his chest which caused his immediate death, to the damage and prejudice of his surviving heirs.
That in the commission of the crime, the aggravating circumstances of treachery and evident premeditation are present."[3]
Criminal Case No. 4812
"That on or about January 10, 1993, at around 1:30 o'clock in the morning thereof, in Sitio Silab, Barangay Longos, municipality of Kalayaan, province of Laguna, and within the jurisdiction of this Honorable Court, accused Hermogenes Flora @ Bodoy, conspiring and confederating with accused Erwin [Edwin] Flora @ Boboy, and mutually helping one another, while conveniently armed then with a caliber .38 handgun, with intent to kill, by means of treachery and with evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and shoot with the said firearm one FLOR ESPINAS y ROMA, hitting the latter on her shoulder, and inflicting upon her injuries which, ordinarily, would have caused her death, thus, accused performed all the acts of execution which could have produced the crime of Murder as a consequence but which, nevertheless did not produce it by reason of a cause independent of their will, that is, by the timely and able medical attendance given the said Flor Espinas y Roma, which prevented her death, to her damage and prejudice."[4]
"WHEREFORE, in the light of the foregoing, this Court finds as follows:The facts of the case, borne out by the records, are as follows:
In CRIMINAL CASE NO. SC-4810, for the death of Emerita Roma, the Court finds both accused Hermogenes Flora and Edwin Flora guilty beyond reasonable doubt of the crime of Murder qualified by treachery and sentences each of them to suffer the penalty of reclusion perpetua, with all the accessory penalties of the law, and to indemnify the heirs of the victim the sums of (a) P50,000.00 as death indemnity; (b) P14,000.00 as expenses for wake and burial; and (c) P619,800 for lost (sic) of earning capacity, without any subsidiary imprisonment in case of insolvency and to pay the costs.
In CRIMINAL CASE NO. SC-4811, for the death of Ireneo Gallarte, the Court finds both accused Hermogenes Flora and Edwin Flora guilty beyond reasonable doubt of the crime of Murder, qualified by treachery and with the aggravating circumstance of evident premeditation and sentences each of them to suffer the penalty of reclusion perpetua, with all the accessory penalties of the law, and to indemnify the heirs of the victim the sums of (a) P50,000.00 as death indemnity; (b) P14,000.00 as expenses for wake and burial; and (c) P470,232.00 for lost (sic) of earning capacity, without any subsidiary imprisonment in case of insolvency and to pay the costs.
In CRIMINAL CASE NO. SC-4812, for the injuries sustained by Flor Espinas, the Court finds both accused Hermogenes Flora and Edwin Flora guilty beyond reasonable doubt of the crime of Attempted Murder and sentences each of them to suffer an indeterminate penalty of imprisonment from two (2) years, four (4) months and one (1) day of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum, and to pay P15,000.00 to Flor Espinas as indemnity for her injuries and to pay the costs.
SO ORDERED."[5]
EMERITA ROMAFlor Espinas submitted herself to a medical examination by Dr. Dennis Coronado. Her medical certificate [9] disclosed that she sustained a gunshot wound, point of entry, 2 x 1 cm. right supra scapular area mid scapular line (+) contusion collar; and another gunshot wound with point of exit 1 x 1 cm. right deltoid area.
"a) Gunshot of entrance at the posterior chest wall near the angle of the axillary region measuring 1 cm. in diameter with clean cut inverted edges involving deep muscles, and subcutaneous tissues and travel through both lobes of the lungs, including the great blood vessels.
About 400 cc of clotted blood was extracted from the cadaver. The bullet caliver 38 was extracted from the lungs.
The cause of her death was attributed to `Hypovolemic' shock secondary to massive blood loss secondary to gunshot wound of the posterior chest wall."[7]
IRENEO GALLARTE
"Gunshot wound of entrance at the left arm, measuring 1 cm. in diameter with clean cut inverted edges involving the deep muscles, subcutaneous tissues traveling through the anterior chest wall hitting both lobes of the lungs and each great blood vessels obtaining the bullet fragments.
About 500 cc. of clotted blood was obtained from the cadaver."
His cause of death was attributed to `Hypovelemic' shock secondary to massive blood loss secondary to gunshot wound of the left arm."[8]
Version of Edwin Flora:Madera corroborated the testimony of her husband.[12]
"Edwin Flora, 28 years old, testified that accused Hermogenes Flora is his brother. On January 10, 1993, around 1:30 in the morning, he was at Barangay Bagumbayan, Paete, Laguna in the house of Johnny Balticanto, sleeping with his wife. Policemen came at said house looking for his brother Hermogenes. Replying to them that his brother was not living there, policemen took him instead to the Municipal building of Paete and thereafter transferred and detained him to (sic) the Municipal building of Kalayaan.
He recalled that on January 9, 1993, after coming from the cockpit at about 3:00 p.m. he and his accused brother passed by the house of Julito Malubago. His brother Hermogenes was courting the daughter of Julito Malubago. At about 6:00 p.m. he went home but his brother stayed behind since there would be a dance party that night."[10]
Version of Hermogenes Flora:
"Hermogenes Flora, 21 years old, testified that he did not kill Ireneo Gallarte and Emerita Roma and shot Flor Espina on January 10, 1993 at about 1:30 in the morning of Silab, Longos Kalayaan Laguna.
On said date, he was very much aslept (sic) in the house of his sister Shirley at Sitio Bagumbayan, Longos, Kalayaan. From the time he slept at about 8:00 in the evening to the time he woke up at 6:00 in the morning, he had not gone out of her sister's house. He knew the victims even before the incident and he had no severe relation with them.x x x
He also testified that in the morning of January 10, 1993, Imelda Madera came to their house and told him that his brother Edwin was picked-up by the policemen the night before. Taken aback, his sister told him to stay in the house while she would go to the municipal hall to see their brother Edwin. Thereafter, his aunt and sister agreed that he should go to Bicol to inform their parents of what happened to Edwin."[11]
"THE TRIAL COURT ERRED IN CONVICTING THE TWO ACCUSED-APPELLANTS DESPITE THE FAILURE OF THE PROSECUTION TO MORALLY ASCERTAIN THEIR IDENTITIES AND GUILT FOR THE CRIMES CHARGED."At the outset, it may be noted that the trial court found both appellants have been positively identified. However, they challenge the court's finding that they failed to prove their alibi because they did not establish that it was physically impossible for them to be present at the crime scene. According to the trial court, by Hermogenes' own admission, the house of his sister Shirley, where appellants were allegedly sleeping, was only one (1) kilometer away from Sitio Silab, where the offenses allegedly took place. The sole issue here, in our view, concerns only the plausibility of the appellants' alibi and the credibility of the witnesses who identified them as the perpetrators of the crimes charged.
On this issue, we do not find any inconsistency that impairs her credibility or renders her entire testimony worthless. Nothing here erodes the effectiveness of the prosecution evidence. What counts is the witnesses' admitted proximity to the appellants. Was she close enough to see clearly what the assailant was doing? If so, is there room for doubt concerning the accuracy of her identification of appellant as one of the malefactors?
"Q Where were you when Hermogenes Roma shot these Ireneo Gallarte, Emerita Roma and Flor Espinas? A I was dancing, sir. (Emphasis ours.) Q And how far were you from Hermogenes Flora when he shot these persons while you were dancing? A Two armslength from me only, sir."[18] However, to a similar question, later in her testimony, she replied, "Q And where were these Emerita Roma, Your mother, Ireneo Gallarte and Flor Espinas when Hermogenes Flora shot at them? A They were beside each other. Q And how far were you from these 3 persons? A Because they were standing beside the fence and I was only seated near them, sir."[19] (Emphasis ours.)
"Edwin Flora demonstrated not mere passive presence at the scene of the crime. He stayed beside his brother Hermogenes, right behind the victims while the dance party drifted late into the night till the early hours of the morning the following day. All the while, he and his brother gazed ominously at Ireneo Gallarte, like hawks waiting for their prey. And then Edwin's flick of that lighted cigarette to the ground signaled Hermogenes to commence shooting at the hapless victims. If ever Edwin appeared acquiescent during the carnage, it was because no similar weapon was available for him. And he fled from the crime scene together with his brother but not after violently neutralizing any obstacle on their way. While getting away, Edwin grabbed Rosalie Roma and poked a knife at her neck when the latter hysterically shouted "si Bodoy, Si Bodoy," in allusion to Hermogenes Flora, whom she saw as the gunwielder. All told, Edwin, by his conduct, demonstrated unity of purpose and design with his brother Hermogenes in committing the crimes charged. He is thus liable as co-conspirator."[32]However, we cannot find Edwin Flora similarly responsible for the death of Emerita Roma and the injury of Flor Espinas. The evidence only shows conspiracy to kill Ireneo Gallarte and no one else. For acts done outside the contemplation of the conspirators only the actual perpetrators are liable. In People v. De la Cerna, 21 SCRA 569, 570 (1967), we held:
"x x x And the rule has always been that co-conspirators are liable only for acts done pursuant to the conspiracy. For other acts done outside the contemplation of the co-conspirators or which are not the necessary and logical consequence of the intended crime, only the actual perpetrators are liable. Here, only Serapio killed (sic) Casiano Cabizares. The latter was not even going to the aid of his father Rafael but was fleeing away when shot."To conclude, appellant Edwin Flora is guilty beyond reasonable doubt only of the murder of Ireneo Gallarte. He has no liability for the death of Emerita Roma nor for the injuries of Flor Espinas caused by his co-accused Hermogenes Flora.
Costs against appellants.
(1) Appellants Hermogenes Flora and Edwin Flora are found GUILTY beyond reasonable doubt of the MURDER of Ireneo Gallarte and sentenced to each suffer the penalty of reclusion perpetua and to pay jointly and severally the heirs of Ireneo Gallarte in the sum of P50,000.00 as death indemnity; P14,000.00 compensatory damages for the wake and burial; and P470,232.00 representing loss of income without any subsidiary imprisonment in case of insolvency. (2) Hermogenes Flora is found GUILTY beyond reasonable doubt of the MURDER of Emerita Roma and the ATTEMPTED MURDER of Flor Espinas. For the MURDER of EMERITA ROMA, Hermogenes Flora is sentenced to suffer the penalty of reclusion perpetua, to indemnify the heirs of Emerita Roma in the sum of P50,000.00 as death indemnity, P14,000.00 as expenses for wake and burial, and P619,800.00 for loss of earning capacity, without any subsidiary imprisonment in case of insolvency. For the ATTEMPTED MURDER of Flor Espinas, Hermogenes Flora is sentenced to suffer the penalty of imprisonment from two (2) years, four (4) months and one (1) day of prision correccional as minimum to ten (10) years of prision mayor, as maximum, and to pay P15,000.00 to Flor Espinas as indemnity for her injuries. (3) Appellant Edwin Flora is ACQUITTED of the murder of Emerita Roma and the attempted murder of Flor Espinas.