348 Phil. 202
PANGANIBAN, J.:
“That on or about [the] 8th day of February, 1987 in the City of Surigao, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping one another armed with firearms and deadly weapons, with intent to kill Benigno Tenajeros, without any justifiable cause did then and there wilfully, unlawfully and feloniously and with treachery and taking advantage of superior strength, shoot and stab Benigno Tenajeros with the use of a firearms (sic) and a knife, thereby inflicting upon Benigno Tenajeros mortal wounds which caused his death, to the damage and prejudice of the heirs of Benigno Tenajeros in such sum as may be allowed by law.The second amended Information, docketed as Criminal Case No. 3847, also charged appellant and his co-accused with another count of murder, committed as follows:[3]
Contrary to law, with the qualifying circumstances of treachery and taking advantage of superior strength.”
“That on or about the 8th day of January, 1987 in the City of Surigao, Philippines, and within the jurisdiction of this Honorable [C]ourt, the above-named accused, conspiring and confederating together and mutually helping one another, armed with firearms and knife, with intent to kill Lito Edo without any justifiable cause, did then and there wilfullly, unlawfully and feloniously and with treachery and taking advantage of superior strength, shoot and stab Lito Edo with the use of the said firearms and knife, thereby inflicting upon said Lito Edo mortal wounds which caused his death, to the damage and prejudice of the heirs of Lito Edo in such sum as may be allowed by law.Only Appellant Julie Villamor was apprehended by the Surigao Police; his co-accused Armando Escalante and Josepito “Locloc” Gamil were at large. Consequently, appellant alone was arraigned on March 4, 1993. With the assistance of counsel, he entered a plea of “not guilty” to both counts.[4]
Contrary to law, with the qualifying circumstance of treachery and taking advantage of superior strength.”
“WHEREFORE, this Court finds accused Julie Villamor, also known as Julito Villamor and Julio Villamor, GUILTY beyond reasonable count, as charged in both Criminal Cases Nos. 3846 and 3847, for the crime of Murder, defined and penalized in Article 248 of the Revised Penal Code, metes out the penalty of reclusion perpetua in each case:Hence, this appeal.[6]The cases with respect to accused Armando Escalante and Josepito ‘Locloc’ Gamil are hereby placed in ARCHIVE, to be revived only upon their apprehension.
- To indemnify the widow and children of victim Benigno Tenajeros the sum of Thirty Thousand (P30,000.00) Pesos; in addition, to pay moral damages of P5,000.00; lose [sic] of earning capacity of P180,000.00 for five (5) years, at the rate of P3,000.00 per month; funeral expenses of P6,000.00.
- To indemnify the heirs of victim Lito Edo the sum of Thirty Thousand (P30,000.00) Pesos; in addition, to pay moral damages of P5,000.00; lose [sic] of earning capacity, for five (5) years, at the rate of P50.00 daily; funeral expenses of P3,000.00;
Without subsidiary imprisonment, in case of insolvency;- To suffer the accessory penalty, provided for by law; and,
- To pay one/third [sic] (1/3) of the cost in both cases.
In the meantime, let an alias warrant issue for the arrest of said two (2) accused.”
“In the evening of January 8, 1987, around 7:00 o’clock, Eduardo Escalante was sent by his father to buy food for the workers who [would] work on their ricefield the following day. He walked from their house at Sitio Looc, Barangay Luna, Surigao City, toward the highway to wait for a ride (TSN, March 18, 1993, p. 4). At the highway, he met appellant Julie Villamor, and his first cousins Armando Escalante and Josepito “Locloc” Gamil (TSN, March 18, 1993, p. 5), all residents of Sitio Looc. Gamil asked him about his destination and Eduardo Escalante replied that he was going to Surigao City. Thereupon, appellant declared ‘we will go together’. (TSN, March 18, 1993, p. 6)
Then the tricycle of Benigno Tenajeros, with Lito Edo on board, arrived. The four boarded the vehicle. Eduardo Escalante described the seating arrangement as follows:‘Q Your said that you and the three other persons you mentioned, namely, Julie Villamor, Armando Escalante and Locloc Gamil boarded the motorized tricycle… boarded already with Lito Edo, where did Armando Escalante sit?On the way to the ‘City’, near the junction of Bernadette Village, appellant suddenly drew a revolver with his left hand from his right hip (TSN, March 18, 1993, p. 8). Eduardo Escalante cowered in fear and heard appellant’s gun fire. As he glanced back, he saw Locloc Gamil pull a knife and cut the front part of Tenajeros’ neck. Tenajeros fell from the tricycle which itself fell into a nearby canal (TSN, March 18, 1993, p. 10).
A At the front seat beside Lito Edo.
Q On the outer or near the driver … beside the driver or not?
A Outer side, sir.
Q How about Julie Villamor, where did he seat?
A Right at the back of the driver.
Q How about Josepito Locloc Gamil, where did he seat? (sic)
A At the back of Armando Escalante at the backseat.
Q How about you, where did you sit?
A At the side of Locloc Gamil.
Q And you were seated opposite Julie Villamor?
A Yes, sir.’ (TSN, March 18, 1993, p. 7)
As Eduardo Escalante emerged from the tricycle, he saw Lito Edo running towards the ricefield while Armando Escalante and Julie Villamor took turns shooting xxx him (Lito Edo), who finally fell down. Appellant and his cohorts approached Edo to find out if he was dead. After that, appellant, Armando Escalante and Locloc Gamil escorted Eduardo back to his house with a warning that they would kill him if he reports the incident to the authorities (TSN, March 18, 1993, pp. 12-13).
Dra. Alice Ensomo Gonzaga, Assistant City Health Officer, Surigao City described the injuries sustained by the victim as follows:‘On Benigno Tenajeros:
1). Wound – 21 cm. x 6 cm. large gaping in size with irregular edges, located at the anterior neck length extending from the medial tip of the left clavicle to the right side of the neck to the anterior tip of the right scapule back affecting skin, subcutaneous tissues, muscles of the neck, hitting the major vessels of the neck, trachea separated between the 2nd and 3rd ring, esophagus;
2). Wound (gunshot-entrance) – ½ cm. x ½ cm. in size with contussed and inverted edges, located at anterior left mid cheek, affecting skin; subcutaneous tissues; muscles of the cheek to communicate with wound no. 3; and
3). Wound (gunshot-exit) – ½ cm. ½ cm. in size with everted edges, located at the mid right occipito temporal aspect of the head, to communicate with wound no. 2.
Cause of Death: Shock due to internal hemorrhage secondary to gunshot and stab wounds. (Records, p. 37)
On Lito Edo:
1). Contussion Hematoma – 4 x 3 cm. in diameter, located below left eye;
2). Wound (gunshot-entrance) – ½ x 1 cm. in size, with contussed and inverted edges, located at the nape 3 cm. right lateral to the midline (occipito) affecting skin; subcutaneous tissues, muscles of the neck; major vessels of the neck (right side); and,
3). Wound (lacerated) 2 x 1 cm. in size, located at the left lateral side of the chest; level of the 4th intercostal space, affecting skin, subcutaneous tissues, muscles of the chest to hit the left lung.
Cause of Death: Shock due to internal hemorrhage secondary to gunshot and stab wounds. (Records, p. 36)’ (Joint Decision, pp. 5-6)”
“On the evening of 08 January 1987, accused-appellant Julie Villamor was in the company of Jesus Tesaluna in the latter’s house at Songkoy, Looc, Luna, Surigao City, where they drank ‘tuba’, wine from a coconut tree. They spent together the whole night in that house. (TSN, 15 April 1993, pp. 18-21; TSN, 31 March 1993, pp. 29-34 & 40-43)
When accused-appellant returned to his house on the following day, policemen came over to his surprise and brought him to the Surigao City Police Station. (TSN, 15 April 1993, pp. 22-23) Unknown to him, Benigno Tenajeros and his friend Lito Edo were killed along the National Highway, Luna, Surigao City, on the evening of 08 January 1987.
Sometime in September of 1992, or after more than five years from the alleged occurrence of the killing incident, a witness, Eduardo Escalante, emerged and revealed to the police authorities that accused-appellant was one of the authors thereof. Said witness had decided to disclose what he knew about the incident for fear that he would be jailed, being one of the suspects, should he refuse to do so. (TSN, 18 March 1993, pp. 14-17).”
“The trial court erred in finding the accused-appellant guilty beyond reasonable doubt of the crime of murder in Criminal Case No. 3846 in connection with the death of Benigno Tenajeros and in Criminal Case No. 3847 in connection with the death of Lito Edo and in sentencing said accused-appellant to suffer the penalty of reclusion perpetua and to indemnify the heirs of said victims specified sums of money in both cases.”In fine, appellant argues that the prosecution eyewitness’ testimony was accorded precipitate credulity despite the fact that (1) it was from a “polluted source,” (2) it was contrary to human experience, and (3) it was given only after a five-year delay. Alternatively, the defense insists that appellant could be convicted only of two counts of homicide, not murder, because alevosia and abuse of superior strength were not sufficiently proven.
“The fact that Eduardo Escalante took some time, more than four (4) years, to reveal his knowledge about the crime, was satisfactorily explained, because of the threat to his life. It was not until accused Julie Villamor was apprehended and the said witness was summoned by the police authorities, when he revealed what he saw since he was even one of those four (4) persons, suspected by the police, to wit:It should also be noted that Eduardo, after overcoming his initial fear, testified for the prosecution despite further threats to his own life. Said the trial court:[15]
‘x x x
Prosecutor Menor: x x x Q You said that after Julie Villamor was apprehended by the police authorities, you were summoned by the police authorities. Did you heed the summons? A I went to the police. Q When you arrived at the police station, did you learn the purpose of the police authorities in summoning you? A Yes, sir. Q What was the purpose of the police authorities in summoning you? A Because I was included in the four suspects, as one of the four suspects. Q And what did the police authorities tell you? A I was told by the police that ‘you are one of the four suspects who killed those two there at the area with motorized tricycle’ and then I answered the policeman, ‘no, sir, I did not do it, sir’. Q And it was then that you decided to reveal to the police authorities what you witnessed in the evening of January 8, 1987? A Yes, sir, because if I will not reveal the incident … the truth regarding the incident, I will be jailed since I have no fault or offense. I will be confined in jail despite the fact that I have not done wrong. Q And you executed an affidavit in connection with these cases? A Yes, sir.”
“After deciding to reveal everything he knew, not even the veiled threats of the accused, wife Virginia, and his own relative Pedro Escalante deterred him from testifying, to wit:In Accord with Human Experience
‘x x x
Prosecutor Menor: x x x Q Pedro Escalante, defense witness, testified that you have visited the accused Julie Villamor in the city jail for many times since his detention there, what can you say about that? A I went to the police on February 18, in order to report the matter that the wife of Julie Villamor went to my residence. Q Why did you have to report that incident? A Because they threatened me. They told me not to testify in these cases and it is better, ‘you will leave this place and go to Manila and we will give you money, for something might happen to you’. Q Were you able to report that incident to the police station? A I was not able to report that incident because that policewoman would not take any responsibility regarding that report because she might be admonished because I could not present witness in my behalf. Q While you were in the police station, do you remember if you called … if you were called by Julie Villamor? A Yes, sir. Q What transpired when you and Julie Villamor had a talk? A ‘If you continue to be a witness in this case, it is up to you, you might be in trouble’.”
2/3 x | 80 – age of victim at the time of death | x | reasonable portion of the annual net income which would have been received as support by heirs |
=2/3 x [80 – 37] x [P3,000 - P1,000 x 12]In the case of Lito Edo, the records do not show the actual amount of his income. The amount of P50, as testified to by his father, represented not his daily income but the daily support he had been giving his family. Hence, his lost earnings should be computed as follows:
=2/3 x 43 x P24,000
=P688,000.
= 2/3 x [80 – 22] x [P50 x 30 x 12]The trial court also awarded civil indemnity of thirty thousand pesos. In line with current jurisprudence,[26] the civil indemnity should be increased to fifty thousand pesos (P50,000).
= 2/3 x 58 x P18,000
= P 69,600