618 Phil. 674
PERALTA, J.:
That on or about the 24th day of January 2003, in the City of Mandaluyong, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and mutually helping and aiding one another, armed with a knife and stone, with intent to kill and attended by the qualifying aggravating circumstances of abuse of superior strength and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of one Anthony Hudo y Magtanong, by then and there hitting him with the said stone and even if he is already wounded, weak and unarmed, accused Allan del Prado stabbed him, thereby inflicting upon him mortal wounds which directly caused his death.[2]
WHEREFORE then, in view of the foregoing, judgment is hereby rendered finding the accused ALLAN DEL PRADO Y CAHUSAY, "GUILTY" of the crime of MURDER as defined and penalized in Article 248 of the Revised Penal Code.
As a consequence of this judgment, the accused is hereby sentenced to suffer the penalty of reclusion perpetua which penalty shall be served at the National Penitentiary, New Bilibid Prison in Muntinlupa.
Any period of detention the accused shall have served shall be credited in his favor in the service of his sentence as provided for in Art. 29 of the Revised Penal Code.
With respect to the civil liability arising from the commission of the crime, the accused is herein ordered to pay the sum of Fourteen Thousand Three Hundred Pesos (Php 14,300.00) as actual damages and the sum of Fifty Thousand Pesos (Php 50,000.00) as moral damages.[3]
WHEREFORE, the Decision dated March 30, 2006 of the Regional Trial Court of Mandaluyong City, Branch 213 is hereby AFFIRMED WITH MODIFICATIONS to the effect that the accused-appellant is hereby ordered to pay the heirs of the victim the sum of P50,000.00 as civil indemnity, P50,000.00 moral damages and P25,000.00 as temperate damages in lieu of the P14,300.00 actual damages awarded by the trial court.[4]
Sufficiency of the Evidence to Prove Guilt Beyond Reasonable DoubtI.
THE COURT A QUO ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY OF THE CRIME CHARGED DESPITE THE PROSECUTION'S FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.II.
ASSUMING ARGUENDO THAT THE ACCUSED IS GUILTY, THE TRIAL COURT ERRED IN CONVICTING HIM OF MURDER INSTEAD OF HOMICIDE CONSIDERING THAT NEITHER THE QUALIFYING CIRCUMSTANCE OF TREACHERY NOR PREMEDITATION WAS DULY ESTABLISHED.
The prosecutor has the exclusive prerogative to determine the witnesses to be presented for the prosecution. If the prosecution has several eyewitnesses, as in the instant case, the prosecutor need not present all of them but only as many as may be needed to meet the quantum of proof necessary to establish the guilt of the accused beyond reasonable doubt. The testimonies of the other witnesses may, therefore, be dispensed with for being merely corroborative in nature. x x x.
Q So, you said, Madam Witness, that the unusual incident you saw on the evening of January 24, 2003 was about the death of this Anthony Hudo. Can you please give the circumstances of his death before this Honorable Court? A He was hit by a bat, ma'am. Q By the way, Madam Witness, how far away were you from Anthony Hudo during this incident? A From where I am sitting right now to the door of the courtroom. PROS. LAZARO: May we request the defense counsel to stipulate, more or less seven (7) meters, Your Honor? COURT: From the place of the incident. PROS. LAZARO: Yes, Your Honor, the position of the witness from the victim. Q Can you tell before this Honorable Court the lighting condition of the place at that time? A Well lighted, ma'am. Q Where did the light come from? A From the electric post, ma'am. Q You said that Anthony was hit by a bat. Who hit him with a bat, Madam Witness? A Jaylord, ma'am. Q Do you know the family name of this Jaylord? A . No, ma'am. Q . Do you personally know this Jaylord? A Yes, ma'am. He is our friend. Q How long have you friends with Jaylord? (sic) A For a long time but not as long as my friendship with Anthony. Q And what kind of bat was used by this Jaylord in hitting Anthony Hudo? A Baseball bat, ma'am. Q How many times did Jaylord hit Anthony Hudo with the said baseball bat? A For several times, Ma'am. Q In which body parts of Anthony Hudo were hit by the said baseball bat? A In his head and body, ma'am. Q And what happened to Anthony Hudo after he was hit by a baseball bat by Jaylord? A He fell down, ma'am. Q By the way, Madam Witness, can you describe this Jaylord before this Honorable Court? A Quite taller than me, ma'am. Q How tall are you? A I do not know, ma'am. COURT: Can you stand up, please? Can you stipulate Atty. Cruz and Public Prosecutor? PROS. LAZARO: The witness is five (5) feet in height and Jaylord is taller than the witness. Q How about his complexion, Madam Witness? A I'm quite fairer than Jaylord. Q The length of his hair? A Short hair, ma'am. Q The shape of his face? A Round face, ma'am. Q If Jaylord Payago is present here in court, will you be able to identify him? A Yes, ma'am. COURT: Q Is he in court? A None, You[r] Honor. PROS. LAZARO: For the record, Your Honor, Jaylord Payago, one of the accused is still unarraigned and still at large. COURT: When did we issue the last warrant, Homer? Based on the return, he cannot be found? INTERPRETER: Yes, Your Honor. COURT: When was that? INTERPRETER: May 12, 2003, Your Honor. COURT: How about Lloyd Peter? INTERPRETER: The same, Your Honor. COURT: Cannot be found also, still unarraigned? INTERPRETER: Yes, Your Honor. PROS. LAZARO: We request, Your Honor, for the issuance of an alias bench warrant to these accused Jaylord Payago and Lloyd Peter Asurto. COURT: Okay. Continue please. x x x x Q Madam Witness, prior to the hitting of the bat of victim Anthony Hudo, can you please tell to this Honorable Court his position in relation to Jaylord? A He was facing Jaylord, ma'am. Q Who were the companions of Jaylord, if any? A Bunso and Allan, ma'am. COURT: Q Who is Bunso? A Lloyd, Your Honor. PROS. LAZARO: Q What were these two (2) doing during that time? A They were, likewise, standing by. Q And while Jaylord was hitting Anthony Hudo with a base ball ba[t], what were these two (2) persons, Allan and Lloyd doing? A Bunso was also hitting Anthony with a stone in his face. Q Can you tell before this Honorable Court the size of the stone used by Lloyd Peter alias Bunso in hitting Anthony Hudo? COURT: Can you please stipulate the size of the stone? PROS. LAZARO: We stipulate, Your Honor, eight (8) inches in length and six (6) inches in width. COURT: Okay. PROS. LAZARO: Q. And how many times did this Lloyd Peter or alias Bunso hit Anthony Hudo with a stone? A For several times, ma'am. Q And which parts of Anthony Hudo were hit? A On the face, ma'am. COURT: Q What else? A At the body, Your Honor. PROS. LAZARO: Q And what happen (sic) to Anthony Hudo after he was hit by a stone by Lloyd Peter? A He could not anymore stand up, ma'am. Q Can you please describe this Lloyd Peter before this honorable Court? A With long hair, dark complexion. Q Do you know his height? A Like the height of Jaylord, ma'am. Q About the shape of his face? A Long face, ma'am. Q Do you personally know hit (sic) Lloyd Peter alias Bunso? A He is, likewise, our friend, ma'am. Q How long have you been friends with Lloyd Peter? A Like Jaylord, ma'am. Q If this Lloyd Peter alias Bunso is here in court, would you be able to identify him? A Yes, ma'am. Q Is he here in court? A None (sic), ma'am. PROS. LAZARO: We would like to manifest, Your honor, that Lloyd Peter Asurto is still unarraigned. Q How about Allan, Madam Witness, what was he doing that time? A He stabbed Tokoy, ma'am. COURT: Q With what? A With a knife, Your Honor. PROS. LAZARO: Q Can you describe the knife before this honorable Court? A It is one (1) foot long. COURT: Q Including the handle? A Yes, Your Honor. PROS. LAZARO: Q Would you know the family name of this Allan, Madam Witness? A Del Prado, ma'am. Q Do you know him? A Yes, ma'am. Q Why do you know him? A He is the husband of my friend, ma'am. Q If Allan Del Prado is here in court today, would you be able to identify him? A Yes, ma'am. Q Kindly look around and tell this Honorable Court if he is present. A Yes, ma'am. He is present. Q Can you please identify him by stepping down and approach him? Tap him lightly on his shoulder. INTERPRETER: Witness goes down the gallery and tap the shoulder of the male person seated on the first row who when asked identified himself as ALLAN DEL PRADO y CAHUSAY. PROS. LAZARO: Q. How many times did accused Allan del Prado stab victim Anthony Hudo with a knife? A Two (2) times, ma'am. Q Which body parts of Anthony Hudo were hit? INTERPRETER: Witness pointing to her upper left chest. PROS. LAZARO: Q What other body parts, Madam Witness? INTERPRETER: Witness pointing to center upper rib. PROS. LAZARO: Q What happened to Anthony Hudo after he was stabbed by Allan del Prado? A He failed to stand up. Q What word or words, if any, Madam Witness, were uttered by the three (3) accused during this incident? A They were hurling invectives, ma'am. Q What else, if any? A Nothing more, ma'am. Q To whom were these invectives addressed? A To Tokoy, ma'am. Q How about victim Anthony Hudo alias Tokoy, what word or words, if any, were uttered by him during this incident? A Nothing, ma'am. Q Can you please describe the physical condition of Anthony Hudo while he was sprawled to the ground? A He was facing up, ma'am. Q What was his physical appearance at that time? A He was bleeding, ma'am. Q So, after seeing that situation, Madam Witness, what did you do, if any? A We ran outside of the basketball court and we called our friends, ma'am. Q Whom did you call? A Our friends and the cousins of Tokoy. Q Would you know the name of the cousins of this Anthony Hudo? A Pony and the brother of Pony, ma'am. Q After you called your friends and the cousins of Anthony Hudo, what happened next? A They went to the basketball court and lifted Anthony Hudo. Q Where did they bring Anthony Hudo? A They boarded Anthony Hudo in a tricycle and brought him to the Mandaluyong Hospital. Q How about you, Madam Witness, what did you do after that? A We went to the city hall, ma'am. Q Who were with you when you went to the city hall? A Angela and Teresa, ma'am. Q What particular office of the city hall did you go to? A At the CIU, ma'am. Q Why did you go to the CIU, Madam Witness? A To narrate the incident, ma'am.[11]
Apart from the foregoing, the testimony of witness Sheryll Ann Tubigan is plain and unambiguous in that the accused resorted to the use of superior strength in order to ensure the success of their concerted attack against the deceased victim. The deliberate intent of the accused to use excessive force out of proportion to the means available to the victim is clearly evident because at the time of the attack the victim had no means available to defend himself but his bare hands. Clearly then, the accused took advantage of their combined strength in order to consummate the commission of the crime and therefore the aggravating circumstance of superior strength may be applied to increase the penalty the accused shall serve for the commission of the crime of murder.
Art. 248 of the Revised Penal Code states that any person who, not falling within the provision of Art. 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: (1) with ... taking advantage of superior strength... As regards the abuse of superior strength as aggravating circumstance, what should be considered is not that there were three, four or more assailants as against one victim, but whether the aggressors took advantage of their combined strength in order to consummate the offense. To take advantage of superior strength is to use excessive force out of proportion to the means available to the person attacked to defend himself, and in order to be appreciated it must be clearly shown that there was deliberate intent on the part of the malefactors to take advantage thereof.[15]