335 Phil. 1170
PANGANIBAN, J.:
“The undersigned Asst. City Prosecutor accuses MORITO SALVADOR y ADONAY, BUENAFE AZUGUE, residents of Brgy. Cogon, Roxas City, and BERTITO BETURIN y ALBALADEJO, a resident of Brgy. Cogon, Roxas City, but presently detained in the City Jail of Roxas City, of the crime of MURDER, defined and penalized under Art. 248 of the Revised Penal Code, committed as follows:Accused Buenafe Azugue, assisted by counsel de parte Federico Billones, was arraigned on August 12, 1992, and pleaded not guilty to the crime charged.[4] The case against Accused Bertito Beturin was dismissed by the trial court “without prejudice to its refiling if and when evidence is available to the prosecution.” Morito Salvador was never arrested and remains at large. So the case proceeded only in regard to accused-appellant.
That on or about the 27th day of October, 1990 in the City of Roxas, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating, and mutually helping one another, without justifiable cause and with treachery and evident premeditation, with intent to kill one Joebe Arrobang, did then and there wilfully (sic), unlawfully and feloniously attack, assault, stab and wound with a knife the said Joebe Arrobang, thereby inflicting upon him a mortal wound which caused his death.
That as a direct consequence of the unlawful act of all the accused, the heirs of the said Joebe Arrobang suffered actual, moral and other damages in the amount of Thirty Thousand Pesos (P30,000.00), Philippine Currency.
Contrary to law, with the qualifying circumstance of treachery, the accused having employed means, methods or forms in the execution of the crime which tended directly and specially to ensure its execution, without risk to themselves arising from the defense which the deceased might have made, for immediately after the deceased had alighted from the jeep which got stuck on the mud, the accused Morito Salvador suddenly and without any warning, stabbed the deceased with the said knife while being held on both arms by the accused Bertito Beturin and Buenafe Azugue, and the generic aggravating circumstance of evident premeditation.”
“From the evidence adduced by both parties it was duly established that around 7:00 o’clock in the evening of October 27, 1990 at Brgy. Cogon, City of Roxas, the victim, Joebe Arrobang, was stabbed by accused, Morito Salvador, causing his death. He was brought to St. Anthony Hospital for medical attendance. Nevertheless, he died. Dr. Gervacio Diaz, attending physicial, issued a certificate of his death.‘I -- Rigor Mortis:
Considering that a medico legal examination is a function of the City Health Office, the victim, Joebe Arrobang, was referred to Dr. Rafael Almalbis, Jr., then one of the City Health Officer, (sic) City of Roxas, for Post Mortem Examination. The latter conducted a Post Mortem Examination on the cadaver of the victim at Funeraria de Jesus and issued his findings as follows:
The sole prosecution witness to the incident against herein accused was Porferio Delmo, a fish vendor, who testified that around four o’clock in the afternoon of October 27, 1990, while he was riding in a public utility jeep from Barangay Punta Cogon, it suddenly stopped because its rear tire got stuck in the mud. The victim, Jolly (sic) Arrobang, being the conductor, alighted from the jeep to verify its cause. Thereupon, herein accused, Buenafe Azugue, held the victim on both forearms while in face to face with the victim and immediately, his co-accused, Morito Salvador, from behind, stabbed the victim, hitting him on his right hips. The victim shouted ‘I was stabbed’ while herein accused and Morito Salvador ran away from the scene going towards the direction of Barangay Punta Cogon. He did not alight from the jeep anymore after seeing two (2) men helped the victim. However, he rode in the same jeep which brought the victim to the hospital.
Porferio Delmo positively saw herein accused as the one who held the victim on both forearms after which his co-accused, Morito Salvador, stabbed the victim because he was two (2) armslength from them. Besides, he knew the two (2) accused even before the incident happened.”
“Accused, Buenafe Azugue, interposed a defense of alibi. He testified that in the morning of October 27, 1990, he went to Barangay Ilas Norte, Municipality of Dao, Province of Capiz, together with Wilfredo Buenvenida, (sic) his father-in-law. He returned to his place of residence at Barangay Cogon only on October 28, 1990. Thus, at the time of the incident he was not in Barangay Cogon, Roxas City, but in Barangay Ilas Norte, Dao.
His father-in-law, Wilfredo Buenvenida, (sic) partially corroborated the alibi of herein accused. He claims that he and the accused, Buenafe Azugue, left for Ilas Norte, Dao, Capiz, on October 7, (1990) to harvest palay. They returned to Barangay Cogon, Roxas City, only on October 30, 1990.
To emphasize that it was not herein accused who stabbed the victim but Morito Salvador who acted alone, Mrs. Merlinda Fajartin, sister of accused, Morito Salvador, offered a different version of the incident. She testified that around 6:30 in the evening of October 27, 1990, he (sic) heard Joebe Arrobang shouting in the street facing the house of Morito Salvador and challenging the latter to come out if he is brave. Upon hearing said voice, she went downstairs and she saw Joebe Arrobang carrying a bench which was usually used in a passenger jeep to set (sic) extra passengers ready to hit his opponent. Suddenly, his (sic) brother, Morito appeared on the side of the victim, stabbed him and run away. She was stunned on what she saw. Since then, they did not know the whereabouts of his brother up to the present. She further testified that at the time of the incident, her brother, Morito, had no companion. Neither there was any passenger jeepney around as claimed by the prosecution.”[6]
“WHEREFORE, the court finds the accused, Buenafe Azugue y Amador, guilty beyond reasonable doubt for the crime of murder penalized under Article 248 of the Revised Penal Code. There being no mitigating nor aggravating circumstance, said accused is sentenced to suffer a penalty of Reclusion Perpetua and to pay the heirs of Joebe Arrobang the sum of P50,000.00 as civil indemnity by reason of such death.
Said accused being detained, the whole period of his detention shall be deducted in full from the whole period of his imprisonment provided he had abided with the rules imposed upon him as a detention prisoner otherwise he shall be deducted only four-fifths of the whole period of his detention in accordance with Article 29 of the Revised Penal Code as amended.
With the conviction and penalty herein imposed, no bail is allowed on the accused herein pending finality of this judgment.
Costs against the accused.”[7]
After a thorough scrutiny of the entire records of this case, the Court found that the trial court correctly gave credence to the eyewitness testimony of prosecution witness Porferio Delmo. He gave a straightforward and unequivocal account of the stabbing incident worthy of belief, viz.:
Q:
Now, prior to the stabbing of Juvy Arrobang, where did he come from when you saw him? A: When the jeepney stopped, Juvy Arrobang jumped off from the jeep. Q: Why did Juvy Arrobang jumped (sic) off from the jeep? A: He jumped off from the jeep to find out what happened why the jeepney stopped because Juvy Arrobang was the conductor of the jeepney that I was riding at that time. Q: After he was able to alight from the jeep what else had happened? A: Somebody approached him and held him. Q: Do you know the person who held Juvy Arrobang? A: Yes, sir. Q: If the person that held Juvy Arrobang is inside the courtroom kindly identify him if he is now in court? A: (Witness standing from the witness stand and pointed to a man wearing an orange t-shirt as the person whom he saw held Juvy Arrobang). Q: Do you know the name of this fellow you just pointed before the court this morning? A: Yes, sir. Q: And who (sic) is the name of this fellow that you have just pointed to the court? A: Buenafe Asugue (sic). Q: Why did (sic) you know him? A: I know (sic) him even before the incident and also that I used to pass at Barangay Cogon. Q: When you saw this Buenafe Asugue (sic) held (sic) the arms of the deceased Juvy Arrobang, how did he do it. Kindly demonstrate before the court? I reform the question. Where did this Buenafe Asugue (sic) hold the victim? A: (Witness holding both arms of the interpreter demonstrating how the two was holding the arms of Juvy Arrobang at the time and the accused and the victim were facing (each other), face to face. Q: While accused Buenafe Asugue (sic) was holding both arms of the victim, Juvy Arroabang, (sic) what else had happened? A: Somebody came near to the victim. Q: From what direction did this fellow you saw come from? A: That person who came nearer came from behind Q: After this fellow whom you saw came nearer x x x what else did he do? A: I saw him stabbed Juvy Arrobang. Court:Q: To whom do you refer to (by) him? A: Morito Salvador stabbed Juvy Arrobang. Q: And how far were you from that fellow, Morito Salvador when you saw him stabbed (sic) Juvy Arrobang? A: About two armslength.”[10]
The fact that prosecution witness Porferio Delmo did not make a statement regarding the stabbing before the police authorities or city prosecutor is of no moment. Delmo sufficiently clarified this lapse during the trial. He explained that, since the other passengers of the jeepney during that fateful dusk had reported the incident already, there was no need for him to make his own statement.[11] This does not diminish the veracity of his court testimony. Appellant’s attack against prosecution witness Delmo’s credibility for being a neighbor of the deceased is misplaced. Delmo was not shown to have any ill motive in testifying against accused-appellant. In fact, even the stronger tie of family relationship with the victim will not necessarily taint testimony. This Court teaches that “ x x x the clear and positive testimony of witnesses is not devalued or impaired by the mere fact of relationship to the victim, when there is no showing of improper motive on the part of said witness.”[12] Moreover, the lapse of two years from the stabbing to Porferio Delmo’s testimony does not necessarily impugn its accuracy. One who witnesses a stabbing that occurred a mere two armslength away, involving two people he already knew may be expected to remember the details of the extraordinary occurrence, including the identity of the principal actor therein.
“x x x when the question is raised as to whether to believe the version of the prosecution or that of the defense, the trial court’s choice is generally viewed as correct and entitled to the highest respect because it is more competent to conclude so, having had the opportunity to observe the witnesses’ demeanor and deportment on the witness stand, and the manner in which they gave their testimonies, and therefore could better discern if such witnesses were telling the truth; the trial court is thus in the best position to weigh conflicting testimonies. Therefore, unless the trial judge plainly overlooked certain facts of substance and value which, if considered, might affect the result of the case, his assessment on credibility must be respected.”[13]Thus, as aptly stated by the court a quo:
“The court finds the testimony of Porferio Delmo, sole prosecution witness, as worthy of belief. The accused, Buenafe Azugue, was positively identified by said eye-witness (sic) who was just two (2) armslength from the victim. No dubious or evil motive whatsoever has been proved which would cause or compel him to falsely testify against said accused. It is much a matter of judicial acceptance that a witness would not falsely impute to an accused a serious criminal offense if it is not the untarnished truth. The categorical identification made by this witness should be given full faith and credit especially in the total absence of any ill motive, grudge or animosity on his part.
From the demeanor of prosecution (sic) sole witness as he testifies, the court finds his testimony credible and worthy of full faith and credit. There is no showing that said witness had any motive to testify falsely against the accused.”[14]Second Issue: Is Alibi Proper?
“As can be gleaned from the testimonies of appellant and his father-in-law, there are glaring inconsistencies which logically lead to the conclusion that their testimonies were mere concoctions and fabrications.Based on the foregoing discussion, the testimony of Merlinda Fajartin, which seeks to place the crime scene in another location and to limit the perpetrator to her brother alone who is at large, is discredited. It is not at all farfetched that Merlinda concocted her version of the crime so that accused-appellant Azugue, a friend and co-conspirator of her brorther, would thereby be acquitted. Thus, her testimony is simply unworthy of belief and serious consideration by the Court.
On direct examination, appellant said:
‘Q: On October 27, in the morning of October 27 up to October 28 on the following day, was there an occasion that you have gone home to Roxas City?
A: Yes, sir.’ (TSN, November 23, 1992, p. 16)
Clearly, appellant stated that he went back to Brgy. Punta Cogon, Roxas City on October 28, 1990, which contradicts his father-in-law’s statement that they went back on October 30, 1990.
While both appellant and Buenvenida (sic) gave their testimonies on the same date, in the morning of November 23, 1992, with Buenvenida testifying ahead of appellant, and the latter heard in toto the testimony of the former, yet their testimonies were inconsistent, which indicates that both were not telling the truth.”[19]