387 Phil. 668
MENDOZA, J.:
The undersigned City Prosecutor accuses ANGELO ORILLO and STEVE SULLANO whose maternal surnames, dates and places of birth could not be ascertained of the crime of MURDER (Art. 248 of the Revised Penal Code), committed as follows:Upon arraignment, accused-appellant pleaded not guilty, whereupon trial ensued.
That on or about the 19th day of March, 1994, in the City of Iloilo, Philippines and within the jurisdiction of this Court said accused, armed with knives, conspiring and confederating between themselves, working together and helping one another, with deliberate intent to kill and without any justifiable motive, and with treachery, did then and there willfully, unlawfully and criminally deliver fist blows to, kick, stab, hit and wound Felix Villaruel with the said knives, with which the said accused were then provided at the time, thereby causing upon said Felix P. Villaruel contusions, abrasions and stab wound on vital parts of his body, which caused his death few moments thereafter.
HEAD & NECKOrillo has remained at large up to the present time. Accused-appellant, on the other hand, was arrested on July 3, 1994 after staying in Lambunao, Iloilo for 15 days and in Sta. Barbara, Iloilo for seven (7) days.
Nothing of note.
THORACO-ABDOMINAL REGIONS:
1) STAB WOUND, vertical, 3 x 1.2 cm., in dia., sharp on its inferior end, left anterior chest wall, 5 cms., from the anterior median line, 124 cms., from the left heel, penetrating the thoracic cavity at the level of the 4th intercostal space, perforating the anterior pericardial sac, thru & thru the left ventricle, posterior pericardial sac, penetrating the lower lobe, left lung, where it ends.
The direction of the wound is backward, slightly downward with a deep of 18.5 centimeters.
About 2.5 liters of clotted and liquefied blood was extracted from the thoracic cavity.
EXTREMITIES:
1) Contused-abrasion, 4.5 x 4.1 cm., in dia., right medial knee.
2) Contused-abrasion, 3 x 2 cm., in dia., below and medial to lesion no. 1.
3) Contused-abrasion, 5 x 1 cm., in dia., antero-medial aspect, upper 3rd, right leg.
4) Contused-abrasion, 5 x 1.1 cm., in dia., anterior lower 3rd, left thigh.
5) Contused-abrasion, 4 x 1 cm., in dia., left mid-anterior knee.
6) Contused-abrasion, 1.5 x 1 cm., in dia., anterior upper 3rd, left leg.
7) Contused-abrasion, 9 x 1 cm., in dia., anterior aspect, junction of upper and middle 3rd, left leg.
8) Contused-abrasion, 1 x 1.1 cm., in dia., dorsal aspect, anterior portion, left foot.
CAUSE OF DEATH:
HEMORRHAGE, 2° to STAB WOUND.
WHEREFORE, finding the accused, STEVE SULLANO, guilty beyond reasonable doubt of the crime of MURDER, the Court hereby imposes upon him the penalty of RECLUSION PERPETUA, together with the accessory penalties provided for by law and to indemnify the heirs of Felix Villaruel the sum of P50,000.00 as death indemnity and to pay the amount of P71,691.00, as funeral and burial expenses and to pay the costs.Hence, this appeal. Accused-appellant’s sole assignment of error is that --
The Court hereby recommends to the Chief Executive thru the Department of Justice that Executive Clemency be extended to the accused after service of part of the penalty imposed upon him, consistent with the ends of retributive justice and objectives of RA 7659.
THE TRIAL COURT GRAVELY ERRED IN FINDING THE EXISTENCE OF CONSPIRACY THAT WOULD WARRANT THE CONVICTION OF ACCUSED-APPELLANT STEVE SULLANO OF THE CRIME CHARGED.He contends that there is no basis for the trial court’s finding that there was conspiracy between him and Orillo, because there is no evidence to show that he and Orillo had acted in concert in killing Felix Villaruel. Instead, the trial court should have found each of them responsible for his own act and since he was not the one who stabbed Villaruel and caused the latter’s death, he should, at most, be held liable only for the injuries sustained by the victim as a result of the fist blows and kicks he delivered.
Accused-appellant says it is strange that Doronila should be making the rounds of Barangay Infante at the wee hours of the morning during which he allegedly chanced on Orillo and accused-appellant who were then planning to attack the victim. There is really nothing unusual in what he said he did. As barangay captain, it was his duty to ensure peace and order in his area at all times. He saw accused-appellant handing over a knife to Orillo, and he suspected something wrong was afoot. He ran after accused-appellant, instead of Orillo to whom the knife had been given, as it was accused-appellant who ran towards Barangay Infante while Orillo fled towards Barangay West Timawa.
Q Mr. Doronila, on March 19, 1994 at about 2:30 o’clock in the morning can you recall if where were you? A I was in our Barangay Hall conducting an inspection of the members of my Barangay Tanod. Q In what barangay were you holding then your inspection? A Barangay Infante, Lopez Jaena Street, Molo, Iloilo City. Q Why? What was your position in that barangay? A At that time, I was the Barangay Captain. Q While you were conducting an inspection, can you recall if there was an unusual incident that happened? A Yes, sir. Q Please tell the Honorable Court? A After conducting an inspection while I was on my way home and on passing the alley at the junction between my barangay and Barangay Timawa, I saw two (2) persons standing. Q Can you tell us if what were these two (2) persons doing? A Yes, sir. Q Who were they? A Steve Sullano and Angelo Orillo. Q While they were standing what were they doing? A I saw them just standing, sir. Q After that standing what did they do? A While I was approaching them and already near them, suddenly there was a knife that Steve Sullano gave to Angelo Orillo. Q You said that you saw a knife that Steve Sullano gave to Angelo Orillo, then what happened after that? A When they saw that I was nearing them, suddenly this Steve Sullano ran away, and I chased him. Q How about Angelo Orillo to whom the knife was given by Steve Sullano, what did he do? A I saw this Angelo Orillo ran towards the opposite barangay while this Steve Sullano ran towards my barangay. Q You said that you ran after this Steve Sullano, is that correct? A Yes, sir. Q Were you able to catch up with him? A No, sir, because he was running very fast. Q What did you do because you were not able to catch up this Steve Sullano? A I went back with the intention of chasing Angelo Orillo but I saw that there was a commotion and the people were shouting, so I went there. Q You have mentioned that you went back to catch up with Angelo Orillo, what happened? A I went to the scene of the incident where there was a commotion and shouting of people and while I was there, there was somebody who was stabbed. They brought the victim to the hospital and I myself also followed. Q When you went to the scene of the incident where there was a commotion, you said that there was a person who was stabbed, who was that person? A They said that the victim was Felix Villaruel. Q Before that early morning when you saw the two (2) persons, the accused in this case, how long have you known them before the early morning of March 19, 1994? A I have known them for a long time because I have been a resident of that place, and besides I am the Barangay Captain there so, I am not new to that place. Q Are you the Barangay Captain of Barangay Infante Avenue, Molo, Iloilo City, and this stabbing incident happened in that place? A The stabbing incident happened at Barangay Timawa Zone II, Iloilo City. Q How far is this Barangay Timawa, Zone II from Barangay Infante Avenue wherein you are the Barangay Captain? A If we based it in the zoning, this Barangay Timawa, Zone II and Barangay Infante Avenue has a junction and separated by an alley. Q You mean that this Barangay Timawa, Zone II and Barangay Infante Avenue are adjacent and separated by that alley which you have mentioned? A Yes, sir. Q Since it was in the early morning about 2:30 of March 19, 1994 when you saw the two (2) accused, so it was dark, how come you can recognize them? A The place where they were standing has an electric post, and our barangay is well illuminated. Q How far were you when you first saw these two (2) persons standing under that electric post? A I was about 100 meters distance, sir. Q Was there any obstruction in viewing these two (2) persons from your place and to the place of the two accused? A There was none, sir. These two (2) accused could be seen by me even in a far distance because the way was clear. Q You said that when these two (2) accused saw you coming nearer them, they ran away, you mean from the point you saw them for the first time, and you proceeded towards them? A Yes, sir. Q And how many meters were you from these two (2) accused when they started running away? A It was about four (4) arms length.[10]
There is no question that the two accused actively participated in mauling the deceased, knocking him down and disabling him. After taking turns in castigating the victim by delivering fist blows and kicks, they knocked the victim down and fled towards the same direction. At a distance, accused Sullano handed a knife to accused Orillo which the latter immediately took hold and swiftly returned to the scene and stabbed the deceased with said weapon provided by Sullano while the victim was still weak and being helped to stand up by his father Jose Villaruel and Morito Dingcong. As to why accused Orillo felt obliged to stab the victim after having received the knife from Sullano is not difficult to discern. The two accused are very close friends being members of the same gang. They usually go together when accused Sullano pays a visit to his girlfriend in West Timawa, Molo. The insolent indifference to an outsider courting a local young girl has touched the measure of manliness of the accused. They distaste the inhospitability of the deceased which fired them to an irrational anger.And, although it may be argued that it was the victim, Felix Villaruel, who provoked the fight, the means employed by the two accused in mauling the victim is clearly disproportionate to the perceived harm from Villaruel’s part. It is also noted that such provocation from the victim’s end had already ceased when accused-appellant handed the knife to Orillo and the latter went back to stab Villaruel.
The evidence of the prosecution pointing to accused Sullano as the one who gave the knife to his co-accused and gangmate Orillo to stab the victim was never denied by the defense. . . .