348 Phil. 608
PUNO, J.:
"That on or about June 4, 1992, in the Municipality of Samal, Province of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with treachery and evident premeditation, with intent to kill, armed with a bladed weapon, did then and there willfully, unlawfully and feloniously attack, assault and stab one Valeriano O. Martin, thereby inflicting upon him wound which caused his death, and further causing actual, moral and compensatory damages to the heirs of the victim.Accused entered a plea of not guilty. The prosecution's evidence was received by Judge Mariano C. Tupas. On August 4, 1994, Judge Tupas retired and was succeeded by Judge Bernardo Saludares. It was Judge Saludares who received the testimony of accused and his witnesses.[3]
"CONTRARY TO LAW."
"WHEREFORE, consistent with all the foregoing findings, this Court finds the accused Ambitonio Palma Gil y Colong, 52 years of age, married to Rita, a fisherman by occupation and resident of Tagpopongan, Babak, Samal Island, Davao, guilty beyond reasonable doubt of the crime of murder, penalized under Article 248 of the Revised Penal Code, as charged in the information, and is hereby sentenced to suffer the penalty of reclusion perpetua, with all the accessory penalty provided by law, and to indemnify the widow, Serafia Martin, and Heirs (sic) of Valerio the amount of fifty thousand (P50,000.00) Pesos (sic), as indemnity for such death, Twenty Thousand (P20, 000.00) Pesos (sic), as and for moral damages, and Ten Thousand (P10,000.00) Pesos (sic), as and for exemplary damages, and Five Thousand (P5,000.00) Pesos (sic), for burial and necessary expenses in connection hereto, and to pay the costs.In his appeal, accused assigns the following errors committed by the trial court:
In support of his first and second assigned errors, the appellant stresses the inconsistent testimonies of Bonifacio and Jorry Martizanos to prove that they failed to positively identify him as the killer. Appellant also contends that they lied because of their relationship with the victim - Bonifacio is married to the sister of Valeriano's wife while Valeriano is Jorry's uncle.[17] He further claims that if the Martizanos were at the scene of the crime their natural reaction should have been to help the victim defend himself against the assailant."I
"THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE INCONSISTENT AND CONFLICTING TESTIMONIES OF THE PROSECUTION WITNESSES.
"II
"THE TRIAL COURT GRAVELY ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF MURDER DESPITE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.
"III
"ON THE ASSUMPTION THAT ACCUSED-APPELLANT IS GUILTY, THE TRIAL COURT GRAVELY ERRED IN CONVICTING HIM OF MURDER INSTEAD OF HOMICIDE."[16]
"(Prosecutor Bijis) | |
"Q: | Now, since you were already informed of the name of the accused, what did you do next? |
"(SPO2 Bustamante) | |
"A: | I relied on the information of the brother Eleuterio Martin but I also conducted initial investigation to possibly identify the responsible person or the suspect of the said crime. |
"Q: | And what was the result? |
"A: | During my investigation, one among the persons I have investigated was Bonifacio Martin and also his son Roy and during my initial investigation they really confessed that the suspect was Ambitonio Palma Gil. |
"Q: | And what was the last step that you did? |
"A: | I am basing to (sic) the information given to me by the witnesses and I sought the help of the barangay officials of Aondanao so that we have to proceed to Tinangisan, Babak to get the suspect, and upon our arrival thereat, we also sought the assistance of the Barangay Captain of that place by (sic) one Virgilio Ang and he guided us to the house of the suspect. |
"Q: | Was the person of the suspect there? |
"A: | Upon arrival in the house of the suspect, the suspect was upstairs and thereafter we were allowed to enter and immediately I told him that he was under arrest for having committed the crime. |
"Q: | Did he resist the arrest? |
"A: | No, he voluntarily submitted himself and thereafter we went to the Samal Police Station. |
"Q: | While in his house, did you question him why you were there to arrest him? |
"A: | I told him that he committed a crime. |
"Q: | What was the answer? |
"A: | At first he denied but still I effected the arrest because I have probable ground to arrest him based on the information given to me by the witnesses.[22] |
"(Atty. Ano-os) | |
"Q: | You said that you spotted the accused, you mean to say that you were already on the shore during that time? |
"A: | We went down the banca. |
"Q: | And when you went down the banca immediately you went out the banca? |
"A: | No. |
"Q: | Because you and your father were busy fixing the bolinao that you caught during that time? |
"A: | Yes sir. |
"Q: | And nobody from your family met you? |
"A: | Nobody. |
"Q: | So there were no other person present when you alighted from your banca except the accused? |
"A: | Yes, sir.[23] |
"(On cross-examination) | |
"(Atty. Ano-os) | |
"Q: | Now going back to the seashore, before you embarked you were just... There were no other persons around, correct? |
"A: | None, sir. |
"Q: | You mean to say that only you and your son were at sea? |
"A: | Yes, sir. |
"Q: | Now, when you went back nearby the seashore there were already persons around, correct? |
"A: | Yes sir. |
"Q: | About ten persons, correct? |
"A: | Three persons were there. |
"Q: | And you were able to see them when you were nearby the seashore already? |
"A: | Yes, sir. |
"Q: | And you could not see their faces. |
"A: | Their faces were clear to me. |
"Q: | And these persons were not bringing with them petromax, correct? |
"A: | Yes, sir, they did not. |
"Q: | So all that you can see on the seashore were just trees and persons, correct? |
"A: | Yes, sir, the three presons. |
"Q: | And the three persons when you asked them, were talking with one another, correct? |
"A: | Yes, sir. |
"Q: | Now, you said that you saw three persons on the seashore when you were still nearby the seashore that was when you were still getting the "bolinao" that you have gotten. You can still recall the shorts or the pants that the persons you saw were wearing? |
"A: | Yes, sir. |
"Q: | Now, you said that you saw the accused, what was the shorts of the accused? |
"A: | He was covering his body with a towel up to the shoulder portion of his body. |
"x x x. | |
"Q: | Still going along with the person you have seen hanging on his shoulder the towel, what was the pants of that person |
"A: | He was wearing black pants. |
"Q: | How far was that person from that of the rest. |
"A: | The three persons were about to assist me in unloading the "bolinao". Ambitonio and Valeriano were in a different place. |
"Q: | And who were these three persons. |
"A: | The three persons were my brother-in-laws, Alfredo Marcos, Eddie Adlawan and Alejandro Adlawan. The brothers of my wife and Alfredo Marcos. |
"Q: | Do you mean to say that you had a previous agreement with your relatives to meet in that seashore in that particular time after you went out fishing? |
"A: | Yes, sir, they were waiting for us.[24] |
"(Atty. Ano-os) | |
"Q: | What was the value of the fish you caught? |
"(Jorry) | |
"A: | Maybe, one (1) kilo. |
"Q: | And where did you place it? |
"A: | At that time, we have not yet gathered the anchovies. |
"Q: | Now you said you have not yet gathered that bolinao, you know already that that was only one (1) kilo? |
"A: | Yes, sir. |
"Q: | So you have not gathered the fish? |
(Pros. Bijis) | |
"Your Honor, the subject matter of this case is not the bolinao because the subject matter here is Murder. | |
(Atty. Ano-os) | |
"I intend to test the credibility of this witness."[25] |
"(Atty. Ano-os) | |
"Q: | And meanwhile you were then busy catching "bolinao"? |
"(Bonifacio) | |
"A: | Yes, sir, I gathered the fish net. |
"Q: | And you concentrated on the "bolinao"? |
"A: | Yes, sir. |
"Q: | What was the volume of your catch? |
"A: | Five kilos."[26] |
"Q: | Jorry Martizano, you said that you actually saw the way the accused stabbed the victim, correct? |
"A: | Yes, sir. |
"Q: | And how far were you and that of your father when you saw the accused stabbing the victim? |
"A: | Very near. |
"Court Interpreter: | |
Witness pointing the place from the witness stand to the place where the fiscal is sitting, which is more or less, two (2) to three (3) meters. | |
"(Atty. Ano-os) | |
"Q: | And that was still at the time when you were still on the banca riding, is that correct? |
"A: | No more. |
"Q: | Was it high tide or low tide? |
"A: | Low tide.[27] |
"(Atty. Ano-os) | |
"Q: | You said you immediately alighted the banca when you saw your relatives (sic) being killed by the accused, which is which now? |
"A: | My brothers-in-law came after the incident already. I together with my in-laws were the ones who went to the house of my father-in-law to inform them. |
"Q: | Now, after you went to the house of your father-in-law you did not go back anymore to your banca and your fish, the "bolinao"? |
"A: | Yes, sir. |
"Q: | And because of the rushness of the urgency (sic) of the situation wherein you went to the house of your father-in-law you did not even care about the safety of your banca and that of your "bolinao"? |
"Q: | Yes, sir. |
"A: | And because of that you were not able to see anymore your banca when you returned to the house of your father-in-law? |
"Q: | After I returned from the house of my father-in-law I still saw my banca and it was already daytime when I returned. |
"Q: | Was it high tide or low tide when you left your banca and your fish? |
"A: | When I left the banca it was high tide. |
"Q: | And as a matter of fact you could even clearly see the waves moving to and fro during that time, correct? |
"A: | Yes, sir."[28] |
"(Atty. Ano-os) | |
"Q: | Now, you said that you saw the accused, what was the shorts of the accused? |
"(Bonifacio) | |
"A: | He was covering his body with a towel up to the shoulder portion of his body. |
"x x x. | |
"Q: | Still going along with the person you have seen hanging on his shoulder the towel, what was the pants of that person |
"A: | He was wearing black pants."[29] |
"(Atty. Ano-os) | |
"Q: | When you left your banca, you immediately went home or you went back to the banca afterwards, after you have spotted the person? |
"(Jorry) | |
"A: | I did not go home. |
"Q: | Did you not see him holding something? |
"A: | I saw him holding something. |
"Q: | By the way, what was he wearing, a T-shirt or Polo Shirt? |
"A: | He was wearing a "Malong" at that time. |
"Q: | Wearing a "Malong" all over? |
"A: | Yes, Sir."[30] |
"(Prosecutor Bijis) | |
"Q: | Do you know if there was no misunderstanding between the two? |
"(Serapia Martin) | |
"A: | No, sir. |
"Q: | Now, in connection with this case, you gave a statement before the police? Did you give a statement before the police in connection with the death of your husband? |
"A: | Yes, sir. |
"x x x. | |
"Q: | Now, in paragraph eight of your affidavit, I will read it and translate it. "When you were asked about Ambitonio Palma Gil, the accused, your answer is that "he had a personal grudges (sic) to my husband Valeriano Martin for two (2) years already, when in fact Ambitonio Palma Gil attempted to stab my husband sometime in the month of September, 1991". |
"A: | Yes, Sir, it's true. |
"Q: | What was the grudges all about? |
"A: | I do not know."[31] |
"(On Cross examination by Fiscal Bijis) | |
"Q: | Now, as resident of Tagbobongan you knew that of Datu Romeo Dawang? (sic) |
"A: | Yes, I knew Datu Romeo Dawang. (sic) |
"Q: | He is a moslem? (sic) |
"A: | A Samal native. |
"Q: | And he is a datu-datu in that plae among the moslem (sic) communities? |
"A: | Yes, sir. |
"Q: | This Ambitonio Palma is also a native of that place? |
"A: | Yes, sir. |
"Q: | So, with you? |
"A: | Yes, sir. |
"Q: | And in fact, Datu Romeo Dawang called the people to settle this case amicably you know that? |
"A: | Yes, sir. |
"Q: | In fact, the accused Ambitonio offered P10,000.00 to settle the case you know that? |
"Atty. Ano-os: | |
We would like to object, I think, this time we will object. | |
"Court: | |
Let him answer. | |
"x x x. | |
"A: Yes. | |
"Q: | When that offer was made you were there? |
"A: | I was not present when they made that offer but I only heard it from Datu Dawang. |
"Q: | And that offer of money was rejected by the wife? |
"A: | I do not know. |
"Q: | And it was the accused who offered the money? |
"A: | What I heard is that it was Datu Dawang who offered the amount. |
"Q: | And this Datu Romeo Dawang interfered to settle the case because he is interested that the case against Ambitonio Palma Gil be dismissed or withdrawn? |
"A: | Yes, sir. |
"Q: | To the extent that this Romeo Dawang sought your help to settle the case? |
"A: | Datu Dawang was the one who requested them."[33] |