463 Phil. 39
CALLEJO, SR., J.:
FINDINGS:On December 11, 1987, Leticia Galvez gave a sworn statement to the police investigators. It turned out that Elloraba had a pending warrant in connection with another criminal case. On December 24, 1987, a composite team of police operatives from MacArthur and Abuyog, Leyte, led by P/Lt. Paulino Matol and Sgt. Jose Genobatin, secured a copy of the said warrant and proceeded to the house of a certain Beyong Fernandez in Barangay Danao where Elloraba was staying. After about thirty minutes of negotiations, Elloraba decided to surrender to P/Lt. Paulino Matol. He also surrendered the shotgun he used in shooting Dominador.CAUSE OF DEATH: Profuse hemorrhage due to shot-gun wounds, cut and multiple stab wounds.[1]
- Lacerated wound at the left side of the forehead extending vertically measuring 2 ½ inches in length.
- Stab wound at the left side of the face, ½ inch lateral to the outer corner of the left eye measuring ½ inch in length.
- Stab wound at the left anterior portion of the thorax, at the same level of the left nipple and ½ inch lateral to the mid-sternal line, measuring 1 inch in length. The wound has a slightly upward direction and the heart beneath was also wounded.
- Stab wound at the right anterior portion of the thorax, ½ inch below the level of wound No. 3 and 1/3 inch lateral to the mid-sternal line measuring ¾ of an inch in length. The wound is non-penetrating.
- Stab wound at the right anterior portion of the thorax, 1/3 of an inch below the level of wound No. 4 and along the mid-clavicular line (right) measuring ¾ inch in length. The wound is penetrating and the lung beneath was also wounded.
- Stab wound at the anterior portion of the thorax, just below the zyphoid process of the sternum measuring 1/3 inch in length. The wound is penetrating and the diaphram beneath was also wounded.
- Stab wound at the left side of the anterior portion of the thorax same level with wound no. 6 and 1/3 inch lateral to it, measuring ¾ inch in length. The wound is also penetrating.
- Circular wound at the left lateral portion of the neck, 4 inches below the level of the left ear, measuring 1/3 in diameter. The wound is surrounded by a blackish coloration (contusion collar).
- Lacerated wound at the right posterior portion of the thorax, 1 inch lateral to the mid-scapular line and ¾ inches in length. The edge of the wound has a blackish coloration.
- Lacerated wound at the right posterior portion of the thorax, ¼ inch lateral to wound no. 9 measuring 1 inch in length.
- Circular wound at the left posterior portion of the thorax, 2 inches lateral to the left mid-scapular line and 1 inch above the level of the left axial measuring ¼ inch in diameter.
That on or about the 11th day of December 1987, in the Municipality of MacArthur, Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused conspiring and confederating together and mutually helping each other, and with the use of superior strength, did then and there willfully and lawfully and feloniously and with treachery and evident premeditation, attack, assault and use personal violence upon one DOMINADOR GALVEZ, by then and there shooting the latter on the different parts of the body with the use of a home-made shot gun, thereby inflicting upon the latter mortal wounds which were the direct and immediate cause of his death shortly thereafter.Upon their arraignment, all the accused, assisted by counsel, pleaded not guilty to the charge.
CONTRARY TO LAW.[2]
WHEREFORE, the prosecution having proven the guilt of these three (3) accused beyond reasonable doubt, the Court finds the accused ARTEMIO ELLORABA, ARTURO MANAOG and ZOSIMO MIRANDA, GUILTY beyond reasonable doubt of the crime of MURDER as charged and each is sentenced to suffer the penalty of RECLUSION PERPETUA, to indemnify the heirs of DOMINADOR GALVEZ the sum of FIFTY THOUSAND (P50,000.00) PESOS and to pay the costs.[3]Only Zosimo Miranda appealed from the decision of the trial court, contending that:
We do not agree with the appellant.ASSIGNMENT OF ERRORS
(D.1)
THE COURT A QUO GRIEVOUSLY ERRED WHEN IT COMPLETELY ACCEPTED AS GOSPEL TRUTH THE VERSION OF THE PROSECUTION ABOUT THE TRAGIC SHOOTING AND STABBING INCIDENT NOTWITHSTANDING THE IRRECONCILIABLE CONFLICTING TESTIMONIES OF THE ALLEGED THREE PROSECUTION EYEWITNESSES, WITH PROSECUTION EYEWITNESS, MARCELINO NGOHO, BROTHER-IN-LAW OF DOMINADOR GALVEZ, EXCULPATING HEREIN ACCUSED-APPELLANT, AND CASTING DOUBT ON THE PRESENCE OF ANTONIO LADAN AND LETICIA GALVEZ AT THE SCENE OF THE CRIME.(D.2)
THE COURT A QUO GRIEVOUSLY ERRED WHEN IT CONVICTED HEREIN ACCUSED- APPELLANT NOTWITHSTANDING THE FACT THAT THE PROSECUTION'S EVIDENCE FAILED TO ESTABLISH THE GUILT OF THE ACCUSED BEYOND REASONABLE DOUBT AND OVERCOME THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE OF APPELLANT HEREIN.(D.3)
THE COURT A QUO GRIEVOUSLY ERRED WHEN IT APPRECIATED THE QUALIFYING CIRCUMSTANCES OF CONSPIRACY AND ABUSE OF SUPERIOR STRENGTH WHEN THE SAME WERE NEVER PROVEN BY THE PROSECUTION INSOFAR AS HEREIN ACCUSED- APPELLANT IS CONCERNED.(D.4)
THE COURT A QUO GRIEVOUSLY ERRED WHEN IT ADJUDGED, ORDERED AND DIRECTED HEREIN ACCUSED-APPELLANT CIVILLY LIABLE TO THE PRIVATE OFFENDED PARTY NOTWITHSTANDING HIS NON-PARTICIPATION IN THE OFFENSE CHARGED.[4]
Appellant Zosimo Miranda contends that court a quo erred in its appreciation of the evidence presented before it. He points to a certain alleged inconsistencies between the testimony of prosecution witness Marcelino Ngoho, on the one hand, and Leticia Galvez and Antonio Ladan on the other. The inconsistencies, appellant avers, are enough to create reasonable doubt as to his guilt of the crime charged. (Appellant's Brief, p. 6)Contrary to the perception of the appellant, conspiracy is not a qualifying circumstance. Conspiracy may be a felony by itself when the law defines it as a crime with an imposable penalty therefor or is merely a mode of increasing criminal liability. Examples of conspiracy to commit a crime per se include conspiracy to sell illicit drugs under Section 21 of Republic Act No. 6485, conspiracy to bribe voters under Section 261 (b) of the Omnibus Election Code and conspiracy to commit any violation under Article 115 of the Revised Penal Code.
In particular, appellant points to the testimony of Marcelino Ngoho that he only saw Artemio Elloraba and Arturo Manaog attack the victim. This testimony, appellant claims, is at odds with that of the testimonies of Antonio Ladan and Leticia Galvez pointing to him as the third attacker. He concludes that the said conflicting testimonies cast doubt as to his presence and participation in the crime (id., pp. 9-13).
A perusal of the testimonies adverted to show no conflict or inconsistency. Marcelino Ngoho testified that he fled the scene right after he saw the shooting by Artemio Elloraba and the hacking by Arturo Manaog.
Q. When you saw Artemio Elloraba at that time, what happened next?A. He was carrying a firearm.Q. What did he do with that weapon?A. He fired and when he fired it, Dominador Galvez fell. He fired it from behind.. . . Q. After Artemio Elloraba fired his firearm, what next did you observe?A. After he fired, he moved backwards and Arturo Manaog approached the fallen Dominador Galvez and turned the victim face up and stabbed.(TSN, Feb. 16, 1989, pp. 6 and 9) . . . Q. After Arturo Manaog had delivered stabbing blow on Dominador Galvez, after he was turned face upwards, what next transpired?A. Artemio Elloraba was swinging his gun side to side and when he turned it towards me, I made a "u- turn" of my motorcyle and left proceeding to my house.Q. After that, what else transpired?A. When I noticed that the criminals were not there anymore, I returned and loaded the victim on my motorcycle, going to Abuyog.(TSN, Feb. 16, 1989, p. 11)
Ngoho could not have witnessed appellant's attack on the victim because he was no longer at the scene, having fled when he felt his life threatened when Elloraba pointed the gun at him. He returned only after the assailants left.
His testimony thus covered only a stage or portion of the event. Appellant's participation in the crime was established through the testimonies of Antonio Ladan and Leticia Galvez who were present throughout the attack on the victim. Both their eyewitnesses' testimonies were consistent that appellant delivered a single hacking blow to the head of the victim after the latter was shot by Elloraba and stabbed and hacked by Manaog (TSN, Feb. 9, 1989, pp. 6-9, 15 Sept. 27, 1989, pp. 6-7). This is consistent with the physical evidence (Exh. "A"; Cf. People v. Tuson, 261 SCRA 711 [1996].
Appellant failed to adduce evidence to show why Ladan and Galvez would implicate him in the commission of the crime. As earlier pointed out, appellant is a nephew of the victim. He also related to Antonio Ladan who is a cousin of his father (TSN, Sept. 8, 1989, p. 9). It is thus inconceivable for the victim's widow and appellant's own uncle to point to him as one of the attackers if it were not the truth. When there is no evidence to show any dubious reason or improper motive why a prosecution witness should testify falsely against the accused or falsely implicate him in a heinous crime, the said testimony is worthy of full faith and credit (People v. Cristobal, 252 SCRA 507 [1997]).
Appellant attempts to cast doubt on the presence of Ladan at the scene. He claims that no one noticed nor testified as to his presence while the crime was being committed. But even assuming, arguendo, that Ladan was not present and did not witness the crime, his testimony is merely corroborative since there was another eyewitness in the person of the victim's widow.
In an attempt to further discredit the testimony of Ladan, appellant wonders why the former failed to note the presence of Ngoho at the scene. He points out the same "omission" in the testimony of Leticia Galvez. The testimonies of Ladan and Galvez dwelt only on the attack on the victim. Both Ladan and Galvez cannot be expected to recall or name all the persons who were at or near the scene who had nothing to do with the killing.[5]