333 Phil. 240
FRANCISCO, J.:
"The undersigned Assistant City Prosecutor accused GEORGE GONDORA Y MINA, JOHN DOE @ TOTOY and PETER DOE @ ONIO, the true names and real names identities of the last two accused are still unknown of the crime of MURDER committed as follows:"Totoy" and "Onio" remain at large. upon arraignment appellant pleaded not guilty to the charge.[3] After trial, the lower court convicted the appellant of the crime of murder and sentenced him to suffer the penalty of reclusion perpetua and to indemnify the heirs of the victim in the amount of P50,000.00.[4]
"That on or about the 19th of May, 1992, in Pasay City, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping one another, did then and there willfully, unlawfully and feloniously, with intent to kill, evident premeditation and treachery, suddenly attack and assault and repeatedly stab one Antonio Malinao, Jr. on the vital parts of the latter’s body, thereby inflicting upon the latter mortal wounds which caused his death.
"Contrary to law."[2]
"In the morning of May 19, 1992, at about 9:30 a.m., Antonio Malinao and his common-law wife Edma Malinao went to Villa Barbara, Tramo Street, Pasay City collect a loan from a certain "Junior". However, they were not able to collect said loan, and were merely asked to return the next day (TSN, August 6, 1992, pp. 6-7).Appellant seeks a reversal of his conviction via this appeal on the following assignment of errors:
"While on their way home passing via an alley suggested by Junior, two (2) persons, one known as "Bogie", herein appellant and another known as "Totoy Killer", suddenly appeared from nowhere. The latter boxed Antonio Malinao, and when he fell down, appellant repeatedly stabbed him. Simultaneously, Totoy Killer stabbed Antonio (TSN, Ibid, p. 7).
"Edma Malinao pleaded for mercy and tried to embrace the [assailants], but was instead pushed and kicked aside. Thereafter, the two (2) [assailants] ran towards opposite directions and escaped (TSN, Id., pp. 2-3).
"With the help of a tricycle driver, Edma Malinao brought Antonio to the Manila Sanitarium. Thereat, Dr. Prudencio Sta. Lucia, Jr. found the victim with a dilated pupil, 0/0 blood pressure and 0/0 cardiac rate. Said doctor pronounced Antonio dead (TSN, July 17, 1992, pp. 5-6; August 6, 1992, p. 3).
"Dr. Sta. Lucia thereafter examined the deceased and found twenty (20) different stab wounds all over the different parts of the body of the victim, namely:
"Firstly Stab Wound - was located on the right chest along the interior auxilliary (sic) line which is about 1.5 cm. in width and located also along the fifth rib.
"The Second Stab Wound - is located on the anterior portion of the arm which is about 1 cm. in width.
"The Third Stab Wound - is located on the prominal portion of the forearm which is 2 cm. in width.
"The Fourth Stab Wound - is located on the anterior chest or along the 8th rib about 2 cm.
"The Fifth Stab Wound - is located on the subcontrol on the right anterior chest about 1 cm. in width.
"The Sixth Stab Wound - is located on the left parasternal line at the left or third intercentral space about 2.5 cm. in width.
"The 7th Wound is located on the posterior auxilliary (sic) area on the right side and about 1.5 cm.
"The 8th wound is located at the mastoid left on the right side about 2 cm. in width.
"The 9th wound [is located this] is a triangular wound or altrasion located at the right shoulder.
"The 10th wound is about 2.5 cm. located on the 11th rib on the posterior back on the right.
"The 11th wound is a 3 cm. wound located on the sub-coastal margin on the posterior back of the chest on the right.
"The 12th wound is 3 cm. in width located on the posterior lumbar area.
"The 13th wound is a 2.5 cm. wound located on the posterior forearm.
"The 14th wound is 2 cm. located on the medial aspect of the forearm.
"The 15th wound is 3 cm. located on the posterior aspect of the forearm.
"The 16th wound is 2.5 cm located on the anterior aspect of the superior alia spine.
"The 17th wound is 3 cm. located on the left wrist.
"The 18th wound is 3 cm. located on the right forearm.
"The 19th wound is 1.5 cm. located on the right side of the neck; and
"The 20th wound is 3 cm. located on the dermal aspect of the right arm (tsn, p. 1 barrientos, July 17, 1992)
(Exhibits "A", "B", to S-8). (TSN, July 17, 1992, pp. 6-7)."[5]
"I THE TRIAL COURT ERRED ON (SIC) CONVICTING THE ACCUSED SOLELY ON THE UNCORROBORATED AND BIASED TESTIMONY OF WITNESS EDMA MALINAO, THE COMMON-LAW WIFE OF VICTIM ANTONIO MALINAO, JR.;The issue raised in the foregoing assignment of errors ultimately boils down to a question of the factual findings and assessment of the credibility of the witnesses by the trial court. Hence, we shall discuss them together.
"II THE TRIAL COURT ERRED IN NOT TAKING INTO CONSIDERATION THE TESTIMONY OF WITNESS [ROWENA][6] OLANDAY
"III THE SAID COURT ALSO DID NOT TAKE INTO CONSIDERATION THE TESTIMONY OF ACCUSED GEORGE GONDORA;
"IV THE TRIAL COURT ACTED IN A HOSTILE AND UNJUST ATTITUDE AGAINST THE ACCUSED, THEREBY DEPRIVING HIM OF HIS RIGHT OF PRESUMPTION OF INNOCENCE."[7]
Moreover, Edma Malinao is the common-law wife of the deceased and her relationship, as such, adds to the weight of her testimony since she would then be interested in seeing the real killers brought to justice rather than falsely implicating innocent persons.[18] This Court has held that it is not to be lightly supposed that relatives of the deceased would callously violate their conscience to avenge the death of a dear one by blaming it on persons whom they believe to be innocent thereof.[19] Relationship per se does not give rise to a presumption of ulterior motive, nor does it ipso facto impair the credibility or tarnish the testimony of a witness. It has been correctly observed that the natural interest of witnesses who are relatives of the victims in securing the conviction of the guilty would deter them from implicating persons other than the culprits, for, otherwise, the latter would gain immunity.[20] In the absence of ill-motive on the part of the witness, and none was shown, relationship between her and the victim does not undermine her credibility[21] and so [her] testimony is entitled to full faith and credence.[22]
"Q: Where were you at that time your husband was stabbed? A: I was together with my husband. Q: How many person (sic) actually stabbed your husband? A: They were two, sir. Q: How far were you at the time when your husband being (sic) stabbed by these two male individuals? A: I was beside him, one foot away. Q: Were was (sic) these two persons going to, as testify (sic) a while ago stabbed your husband? A: They just suddenly came from our sides. xx x x x x x x x Q: After these two male individual (sic) appeared nowhere before you, what was the initial happening afterwards? A: The other one boxed my husband and he fell down. Q: Who boxed your husband? A: The person who suddenly appeared in front of us. Q: You mentioned awhile ago that you knew their names because they were gambling mates in sakla of your husband, tell the Court what are the names of these two male individuals? A: Totoy Killer and Boogie. Q: This Totoy Killer is the one who appeared before you? A: Totoy Killer was the one who boxed my husband and who was in front of us. Q: And what happened to your husband after it (sic) was boxed by Totoy Killer? A: My husband fell flat on his back face up and at the same time stabbed by Boogie. Q: Who stabbed your husband? A: Totoy Killer boxed my husband while Boogie simultaneously stabbed my husband. x x x x x x x x Q: What was your reaction while your husband was being continuously stabbed by Totoy Killer and Boogie? A: I was trying to embrace each one of them as I was pleading to stop it, "tama na". Q: While you were pleading and begging from Totoy Killer and Boogie to stop from further stabbing your husband, did these two people hear your advice? A: No, they did not listen to me instead they kicked me. (Witness pointing to his (sic) left knee with black scar.) Q: Who actually kicked you at that time? A: I did not notice who kicked me. x x x x x x x x x"[17]
Rowena Olanday’s testimony, we observe, does not help appellant’s cause. The same merely consists of narrating the factual circumstances of the case, which as we already noted, corroborates the narration of Edma Malinao. Rowena Olanday’s failure to identify the assailant is not enough basis to render a judgment of acquittal. The mere fact that her testimony was offered by the defense does not mean that the same tilts the scale in favor of appellant. Rowena Olanday’s failure to reveal the identity of the assailants is not equivalent to a negative identification. Rowena Olanday simply said she cannot recall the assailants. She never said that the appellant is not one of them. Moreover, the identity of the assailants have been sufficiently established by the testimony of Edma Malinao.
"Q: What happened next if you recall? A: We were about to go out of an alley when I met two male individuals. Q: What happened next if any when you met two male individual (sic)? A: I was following two persons a male and a female when suddenly two male individuals met them and boxed somebody. Q: You mentioned boxed somebody, who boxed who? A: One of the two male individual (sic) boxed the victim. Q: The two individual (sic) a male and a female you were following, do you know their identity? A: No. They were merely passing by. Q: When he was boxed by the person following them, what happened next? A: The other one handed the other a knife and this person repeatedly stabbed the victim. Q: This victim, did you know him? A: No. I do not know those persons, they just passed there. Q: After he was stabbed by that person, what happened next? A: The woman shouted asking for help. x x x x x x x x x Q: At the scene of the incident, was (sic) there other people? A: After the said victim was repeatedly stabbed by (sic) seven times, the person who stabbed the victim and his companion fled afterwards. They went out of their way. They went on their opposite direction."[24]