473 Phil. 336
SANDOVAL-GUTIERREZ, J.:
“That on or about the 19th day of February 1994, in Valenzuela, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with one another, without any justifiable cause, with intent to kill, with treachery and evident premeditation and taking advantage of their superior strength during night time, did then and there willfully, unlawfully and feloniously slap, punch, kick on the different parts of his body, tie his hands, hit with the piece of wood the head, hit the chest and head with a caliber .45 revolver and strangle to death with a piece of wire the neck of one, ANGELITO MANIAOL, thereby inflicting upon the latter serious physical injuries, which injuries ultimately caused the victim’s death.Out of the five accused in the Amended Information, only appellants Froilan Reyes and Michael Simon were tried before the court a quo. The others have remained at large.
“Contrary to law.”[2]
“Cyanosis, lips and fingernailbeds.Appellants Michael Simon and Froilan Reyes raised the defenses of denial and alibi.
Hemorrhage, meningeal; epidural and subarachnoidal, extensive. Contused abrasions, 3.0 x 8.0 cm., area of face, left, 3.0 x 10.0 cm., area of chest, left; 2.0 x 3.0 cm., left, deltoid area; 1.0 x 4.0 cm., left hypechendrinc area, 4.0 x 10.0 cm., left iliac region; 3.0 x 4.0 cm., left knee; 7.0 x 18.0 cm., area of right leg, anterior aspect; 4.0 x 10.0 cm., area of shoulder, left; 1.0 x 2.0 cm., left suprascapuler area; 1.0 x 3.0 cm., left infrascapular area, 3.0 x 5.0 cm., right lumbar area, 4.0 x 16.0 cm., area of the forearm, right, posterior aspect.
Ligature marked, total length of 12.0 cm. extending from anterior aspect of left side of neck down to the lateral aspect with a diameter of 0.1 to 0.8 cm., the widest.
Hematomas, periorbital, 2.0 x 4.0 cm., right; 2.0 x 5.0 cm. left; interstitial, scalp from left parieto-occipital to vertex and right, parieto-occipital.
Lacerated wounds, sucus membrane of both upper and lower lips, left parietal area, 3.0 cm.
Fracture, linear, left, parieto-occipital bone.
Heart and all other internal organs are congested.
Stomach, ¼ filled with brownish fluid.
CAUSE OF DEATH: Traumatic Head Injury.”[29]
“WHEREFORE, judgment is hereby rendered finding accused MICHAEL SIMON and FROILAN REYES y LACSON @ Olan guilty beyond reasonable doubt and as principal of the crime of murder as defined and penalized under Article 248 of the Revised Penal Code, as amended by Republic Act 7659, attended by the aggravating circumstance of cruelty with no mitigating circumstance to offset the same, and hereby sentences each of them to suffer the supreme penalty of death. Both accused Michael Simon and Froilan Reyes y Lacson @ Olan are further sentenced, jointly and severally, to pay the heirs of victim Angelito Maniaol the amount of P70,750.00 as actual damages, the amount of P50,000.00 as indemnity for the death of Angelito Maniaol, and the amount of P250,000.00 as moral damages, plus the cost of suit.Hence, this appeal.
x x x
“SO ORDERED.”[36]
Appellant Simon ascribed to the trial court the following errors:“I
THE LOWER COURT SERIOUSLY ERRED IN GIVING CREDIT TO THE BELATED, DOUBTFUL AND EXAGGERATED TESTIMONIES OF THE PROSECUTION WITNESSESII
THE LOWER COURT SERIOUSLY ERRED IN DISREGARDING THE POSITIVE AND CLEAR EVIDENCE OF THE HEREIN APPELLANTIII
THE LOWER COURT SERIOUSLY ERRED AND GRAVELY ABUSED ITS DISCRETION IN CONVICTING THE HEREIN ACCUSED-APPELLANT.”[37]
Appellants Reyes and Simon contend that the prosecution failed to prove their guilt beyond reasonable doubt because its witness, Lenita Dominguez, is not credible. She only appeared and testified after a year from the filing of the Information.“I
THE LOWER COURT SERIOUSLY ERRED IN CONSIDERING THE BELATED, HIGHLY DOUBTFUL AND EXAGGERATED TESTIMONIES OF THE PROSECUTION WITNESSESII
THE LOWER COURT SERIOUSLY ERRED IN DISREGARDING THE DIRECT AND CLEAR EVIDENCE OF THE HEREIN APELLANTIII
THE LOWER COURT SERIOUSLY ERRED AND GRAVELY ABUSED ITS DISCRETION IN CONVICTING THE HEREIN ACCUSED-APPELLANT.”[38]
“ATTY. DAQUIZ: | ||
Q | Now, Mrs. Witness, you said that you are residing at BCL Compound, is that correct? | |
A | Yes, ma’am. | |
| | |
| Q | And you know the accused in this case, Michael Simon? |
| A | Yes, ma’am. |
| | |
| Q | How about Noel Simon? |
| A | Yes, ma’am. |
| | |
| Q | What about Froilan Reyes? |
| A | Yes, ma’am. |
| | |
| Q | How about Dominador Atienza? |
| A | Yes, ma’am. |
| | |
| Q | How about Ely Tongol? |
| A | Yes, ma’am. |
| | |
| Q | How about Bobet Abesamis? |
| A | Yes, ma’am. |
| | |
| Q | How about Junel Bunao? |
| A | Yes, ma’am. |
| | |
| Q | How about Ronald Malit? |
| A | Yes, ma’am. |
| | |
| Q | What about Ping Oñate? |
| A | Yes, ma’am. |
| | |
| Q | Why do you know them? |
| A | Because they are all my neighbors, ma’am. |
| | |
| Q | At BCL Compound? |
| A | Yes, ma’am. |
| | |
| Q | What about the victim in this case Angelito Maniaol alias ‘Marlo’? |
| | |
| x x x | |
| | |
| WITNESS: | |
| A | Yes, sir. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | How did you come to know him? |
| A | Because he often visited our place because his girlfriend is residing in our place, ma’am. |
| | |
| COURT: | |
| Q | What is the name of his girlfriend? |
| A | Nida Espital, your Honor. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | What time did you arrive at your house after vending ‘balut’ on February 19, 1994? |
| A | I arrived home at 12:30 early morning on February 19, 1994, ma’am. |
| | |
| Q | And when you arrived home on that particular date and time, what if anything unusual happened that you saw? |
| A | Yes, ma’am. |
| | |
| Q | Will you please tell the Honorable Court what is that unusual thing that you saw on that date and time? |
| A | When I entered the gate of BCL Compound together with my daughter, we met Froilan Reyes, ma’am. |
| | |
| Q | You are referring to the same Froilan Reyes who is one of the accused in this case Mrs. Witness? |
| A | Yes, ma’am. |
| | |
| Q | If Froilan Reyes is now in court Mrs. Witness, would you be able to point him out? |
| A | Yes, ma’am, that man (witness pointing to a man wearing a long sleeves shirt who when asked his name answered Froilan Reyes). |
| | |
| Q | And after you met Froilan Reyes, what happened, if any? |
| A | When we met Froilan Reyes near the gate of the BCL Compound he gave me a tip that according to SPO4 Loreto Rodriguez no one would be allowed to enter into the compound because there would be someone to be killed. |
| | |
| Q | What else happened, what else if any, did he tell you? |
| A | None, ma’am. |
| | |
| Q | What was your response to that? |
| A | I did not answer anything, ma’am. |
| | |
| Q | And what happened after that? |
| A | We proceeded to our house at BCL, ma’am. |
| | |
| Q | Where is your house located Mrs. Witness, in relation to the house of Crispin Bajado? |
| A | Our houses are fronting each other, ma’am. |
| | |
| Q | And how far is the house of Crispin Bajado from your house? |
| A | 10 meters away, sir. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | Mrs. Witness, when you arrived home, what happened? |
| | |
| x x x | |
| | |
| WITNESS: | |
| | |
| A | When we were about to enter the gate of our house, we saw SPO4 Loreto Rodriguez hit with a gun Angelito Maniaol at the forehead, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | I see. More or less if you can remember, what kind of gun was that? |
| A | 45 caliber, ma’am. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | Who were those persons that you saw Mrs. Witness aside from SPO4 Loreto Rodriguez? |
| A | Dominador Atienza, Hermie Atienza, Noel Simon, Bobet Abesamis, Ronald Malit, Ping Oñate, Junel Bunao, Ely Tongol, Michael Simon. Those were the only persons I saw. |
| | |
| Q | Where did you see them Mrs. Witness? |
| A | In front of our store, ma’am. |
| | |
| Q | And that what were they doing, if any, Mrs. Witness in front of our store during that time? |
| A | They were drinking, ma’am. |
| | |
| Q | And after you saw SPO4 Loreto Rodriguez hit Angelito Maniaol, what happened next Mrs. Witness? |
| A | Maniaol ran towards the house of his girlfriend Nida Espital, ma’am. |
| | |
| Q | And what happened after that Mrs. Witness? |
| A | They exchanged fist blows. They all followed him, ma’am. |
| | |
| x x x | |
| | |
| WITNESS: | |
| | |
| A | They exchanged fist blows and they caught Angelito Maniaol, your Honor. |
| | |
| COURT: | |
| | Exchanged fistic blows. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | Who were these who exchanged fistic. |
| A | Ely Tongol, Hermie Atienza, Dominador Atienza, Noel Simon. |
| | |
| Q | Now, who were those who were able to catch Maniaol? |
| A | Noel Simon, ma’am. |
| | |
| Q | And what did Noel Simon do when Noel Simon was able to catch Angelito Maniaol? |
| A | He tied the hands of Angelito Maniaol, ma’am. |
| | |
| Q | With what? What did he use in tieing the hands of Angelito Maniaol? |
| A | Nylon cord or ‘alambre’. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | Will you please describe to us the nylon cord? |
| | |
| x x x | |
| | |
| WITNESS: | |
| A | The clothes line (sampayan) at the back of, ‘as liked nila Crispin’. |
| | |
| ATTY. DAQUIZ: | |
| Q | Now when Noel Simon was able to catch Angelito Maniaol, what happened next? |
| | |
| ATTY. TOLENTINO: | |
| | Already answered, your Honor. Noel Simon allegedly tied the hands of Angelito Maniaol. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | After tieing the hands of Angelito Maniaol, what happened next? |
| A | Noel Simon brought Angelito Maniaol to the middle of the place where they were then drinking. |
| | |
| Q | Approximately, how far is that from your store Mrs. Witness? |
| A | About four (4) meters, ma’am. |
| | |
| Q | How far is that also from where they brought Angelito Maniaol after tieing him Mrs. Witness from the house of Crispin Bajado? The distance? |
| A | Yes. Seven meters more or less, ma’am. |
| | |
| ATTY. MENDOZA: | |
| | We would like to place on record, your Honor, that once in a while the witness is speaking in English. As a matter of fact, the last answer is in English. |
| | |
| FISCAL: | |
| | Once in a while, your Honor. |
| | |
| COURT: | |
| Q | What is your educational attainment? |
| A | High school graduate, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| Q | When they brought Angelito Maniaol with tied hands in the middle of their drinking session, what happened next? |
| A | They kicked him, boxed him. They hit him with a gun, hit him with a ‘dos por dos’, ma’am |
| | |
| Q | If you can recall, who were those persons who kicked him? |
| A | Ping Oñate, Hermie Atienza, ma’am. |
| | |
| Q | If you can recall, who were those persons who boxed him? |
| A | Ely Tongol, Bobet Abesamis, ma’am. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| Q | Who else if you can recall? |
| A | Dominador Atienza, ma’am. |
| | |
| Q | If you can recall, who were those who hit him with a ‘dos por dos’? |
| A | Sgt. Loreto Rodriguez, ma’am. |
| | |
| Q | Who else Mrs. Witness, if you can recall? |
| A | He was the only one who hit Angelito with a ‘dos por dos’, ma’am. |
| | |
| Q | Now who hit again with a gun, Mrs. Witness? |
| A | SPO4 Loreto Rodriguez, ma’am. |
| | |
| Q | During all the time where was Michael Simon? |
| | |
| x x x | |
| | |
| WITNESS: | |
| | |
| A | He was also with the group, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | And what, if any, did you see him do, Mrs. Witness, during that times? |
| | |
| ATTY. TOLENTINO: | |
| | Already answered, your Honor, drinking in the drinking place. |
| | |
| ATTY. DAQUIZ: | |
| | Aside from drinking? |
| | |
| COURT: | |
| | Witness may answer. |
| | |
| WITNESS: | |
| | |
| A | His only participation was they exchanged blows. |
| | |
| ATTY. DAQUIZ: | |
| Q | With whom? |
| A | With Angelito Maniaol, ma’am. |
| | |
| COURT: | |
| Q | By exchange of fistic blows, are you telling the Court that Maniaol was trying to box Michael Simon? |
| A | Yes, your Honor, they exchanged fistic blows. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| Q | What happened when they exchanged fistic blows? |
| A | They held the person, sir. |
| | |
| ATTY. DAQUIZ: | |
| Q | Who held Angelito Maniaol during that time? |
| A | They were Noel Simon and Dominador Atienza, ma’am. |
| | |
| Q | What about Michael Simon? |
| | |
| ATTY. TOLENTINO? | |
| | We will object, your Honor, because the only person who held Angelito Maniaol were Noel Simon and Dominador Atienza, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| Q | What was Michael Simon doing? |
| | |
| ATTY. TOLENTINO: | |
| | Already answered, nothing more, except that they held Angelito Maniaol. |
| | |
| ATTY. DAQUIZ: | |
| Q | What else happened, if any, what else, if any, did Michael Simon do? |
| A | No more, ma’am. |
| | |
| x x x | |
| | |
| Q | Aside from those who held him. Who were those around him during that time, if any? |
| A | Ronald Malit, Ping Oñate, Junel Bunao and Sgt. Rodriguez. |
| | |
| Q | Now, you mentioned about the name of Junel Bunao. What, if any, did Junel Bunao do, if any? |
| | |
| ATTY. TOLENTINO: | |
| | Already answered, your Honor. They were merely around Angelito Maniaol. |
| | |
| COURT: | |
| | The question is whether Bunao did anything. |
| | |
| WITNESS: | |
| | |
| A | He was the one who tied a handkerchief on the mouth of Angelito Maniaol, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| Q | After tieing him with the handkerchief, what happened next Mrs. Witness? |
| A | They sat him in the place where they were drinking and started ‘pinagpapaso ng sigarilyo’. |
| | |
| Q | By the way Mrs. Witness, will you please describe to the Honorable Court how Angelito Maniaol was tied in his hands? |
| A | His hands were tied at the back, ma’am. |
| | |
| FISCAL: | |
| | Witness standing and put her two (2) hands at her back. |
| | |
| ATTY. DAQUIZ: | |
| Q | And when he was seated, what was his position, if any? |
| A | He was made to sit on a bench, ma’am. |
| | |
| Q | With his hands tied, is that correct? |
| A | Yes, ma’am. |
| | |
| Q | And that time Mrs. Witness, that he was made to sit down with his hands tied, what about the handkerchief that was placed in his mouth? Was it still there or not? |
| | |
| x x x | |
| | |
| WITNESS: | |
| | |
| A | The handkerchief was still there, your Honor. |
| | |
| ATTY. TOLENTINO: | |
| | |
| Q | And who were those persons surrounding him at that time that he was seated already Mrs. Witness? |
| A | All of them, ma’am. |
| | |
| Q | When you said ‘silang lahat’, are you referring to Michael Simon, Dominador Atienza, Hermie Atienza, Ping Oñate, Bobet Abesamis, Junel Bunao, Ronald Malit and Sgt. Loreto Rodriguez and Noel Simon? |
| A | Yes, ma’am. |
| | |
| Q | What about Froilan Reyes Mrs. Witness? Where was he at that time? |
| A | He was at the main gate of BCL, ma’am. |
| | |
| x x x | |
| | |
| COURT: | |
| | |
| Q | How far is the gate from your house? Can you see the gate of the compound? |
| A | No, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | How did you come to know Mrs. Witness that Froilan Reyes was at the gate during that time? |
| | |
| ATTY. MENDOZA: | |
| | Already answered, your Honor. At the time she was going home. |
| | |
| COURT: | |
| | When she entered the BCL Compound Froilan Reyes was at gate. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | The question was how did she come to know that Froilan was at the gate of that time they were surrounding Angelito Maniaol, the deceased? |
| | |
| WITNESS: | |
| | |
| A | Because up to the time that Nida Espital arrived, he was still there at the gate, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | More or less what time was that? |
| A | 1:00 early morning, ma’am. |
| | |
| Q | And what, if you know, was he doing there at the gate? |
| | |
| ATTY. MENDOZA: | |
| | Witness would be incompetent, your Honor, because the gate could not be seen from her house. |
| | |
| ATTY. DAQUIZ: | |
| | My question is if she knows why he was there. |
| | |
| ATTY. TOLENTINO: | |
| | The same objection, your Honor, because it does not appear that she is competent to know about it because she is inside the house. |
| | |
| ATTY. MENDOZA: | |
| | At the same time there was an admission that she cannot see the gate from her house. |
| | |
| ATTY. TOLENTINO: | |
| | Yes, your Honor. |
| | |
| COURT: | |
| | There was already an answer. |
| | |
| ATTY. DAQUIZ: | |
| | It is an established fact, that is not debatable. My question is what is the reason if she knows why Froilan Reyes was at the gate. |
| | |
| COURT: | |
| | Already answered. He was there to inform people that nobody would be allowed to enter because somebody would be killed. That is the ruling of the Court. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | You testified Mrs. Witness that Froilan Reyes was there to notify anybody who comes in that they should not enter? |
| A | Yes, ma’am. |
| | |
| ATTY. TOLENTINO: | |
| | Objection to that line of question. That question should be made on cross-examination. |
| | |
| COURT: | |
| | Anyway, there was an answer already. |
| | |
| ATTY. DAQUIZ: | |
| | I am just repeating what the Court said. I would like to be clarified. |
| | |
| Q | When Froilan Reyes informed you that nobody should enter the gate because somebody would be killed, to prevent anybody from entering, what was your perception of that statement that be made? |
| | |
| ATTY. TOLENTINO: | |
| | Objection, your Honor, on the same ground. |
| | |
| ATTY. MENDOZA: | |
| | Calling for opinion of the witness. |
| | |
| ATTY. TOLENTINO: | |
| | Yes, your Honor, calling for opinion of the witness. |
| | |
| x x x | |
| | |
| COURT: | |
| | It is a question of terminology. When you ask a person what it appears to be, we cannot say that is calling for opinion. Witness may answer. |
| | |
| WITNESS: | |
| | |
| A | My understanding is that he is giving us a tip that that person would be killed and we are going to watch him. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | I heard you say a while ago about the word look out. What is that in relation to your understanding of what Froilan Reyes told you during that time? What do you mean by that? |
| A | My understanding is that look out is that Froilan Reyes is the one in charge of telling anybody that would be entering in the compound that according to SPO4 Loreto Rodriguez, he will not allow anybody to come inside because there would be somebody to be killed. |
| | |
| Q | Now Mrs. Witness, at that time that they surrounded, by the way Mrs. Witness, you mentioned about Michael Simon. If he is in court would you be able to point him to us? |
| A | Yes, ma’am. |
| | |
| Q | Please do so. |
| A | That man, ma’am. (witness pointing to a person inside the courtroom wearing a gray and blue t-shirt, who when asked by the Court his name answered Michael Simon). |
| | |
| Q | After they have surrounded him Mrs. Witness, what, if any, did they do to Angelito Maniaol, if any? When he was being surrounded, what, if any, did you see them doing to Angelito Maniaol? |
| | |
| x x x | |
| | |
| ATTY. TOLENTINO: | |
| | According to the witness, they started ‘pinagpapaso ng sigarilyo’. |
| | |
| x x x | |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | By the way Mrs. Witness, you mentioned that they started making ‘paso’ with cigarette. Who were these people who were doing the ‘paso’? |
| A | Ely Tongol, ma’am. |
| | |
| Q | Who else? |
| A | Only Ely Tongol, ma’am. |
| | |
| Q | After doing that, what happened Mrs. Witness? |
| A | He was brought inside the yard of Crispin Bajado, ma’am. |
| | |
| Q | And who were these people who brought Angelito Maniaol during that time inside the yard of Crispin Bajado? |
| A | Noel Simon and Dominador Atienza, ma’am. |
| | |
| Q | What about the other persons Mrs. Witness? What did they do, if any? |
| A | The others remained seated at the place where they were drinking. |
| | |
| Q | And what were they doing? |
| | |
| ATTY. MENDOZA: | |
| | Already answered; they were drinking. |
| | |
| COURT: | |
| | That is what the witness answered. |
| | |
| Q | You are telling us that they continued drinking? |
| A | Yes, your Honor. |
| | |
| ATTY. DAQUIZ: | |
| | |
| Q | Who were these people or who were these persons drinking Mrs. Witness, who were left behind drinking? |
| A | All except Noel and Dominador Atienza, because they brought Angelito Maniaol inside the yard of Crispin Bajado, ma’am. |
| | |
| Q | Now Mrs. Witness, what happened when Angelito Maniaol was brought inside the yard of Crispin Bajado? What happened next? |
| A | Noel Simon and Dominador Atienza tied the back of Angelito Maniaol with an ‘alambre’.”[40] |
"It is true that the charge against the appellant was initiated only three and a half years after the commission of the crime. However, the fact of delay alone does not work against the witnesses. In People vs. Rostata,[50] this Court held:In the case at bar, Lenita’s place is just a stone's throw away from appellants’ houses. Hence, it is reasonable why she did not immediately speak out and reported to the authorities the perpetrators of the crime. Having witnessed the gruesome killing of the victim, she believed that appellants and their co-accused might retaliate and kill her and her family. Her fear and instinct of self preservation and her concern for the safety of her family sufficiently explain her silence for one year.'Delay or vacillation in making a criminal accusation does not necessarily impair the credibility of the witness if such delay is satisfactorily explained. The law on prescription of crimes would be meaningless if We were to yield to the proposition that delay in the prosecution of crimes would be fatal to the state and to the offended parties. In fixing the different prescriptive periods on the basis of the gravity of the penalty prescribed therefor, the law takes into account or allows reasonable delays in the prosecution thereof.'