430 Phil. 487
PANGANIBAN, J.:
“WHEREFORE, premises considered, judgment is hereby rendered finding herein accused Ramil Beruega and Rogelio Beruega guilty beyond reasonable doubt of the crime of [m]urder, as defined and penalized under Art. 248 of the Revised Penal Code as amended, and sentencing each of them to suffer the penalty of [r]eclusion [p]erpetua and to indemnify the heirs of Galicano Retirado II in the amount of P50,000.00 plus P79,485.71 as actual damages and to pay costs.”[2]The Information, dated October 21, 1998, charged appellants as follows:
“That on or about the 31st day of December 1997, in the Municipality of San Mateo, Province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above named accused, conspiring and confederating together and mutually helping and aiding with one another, while armed with a bladed weapon, with intent to kill, evident premeditation, treachery and abuse of superior strength, did then and there willfully, unlawfully and feloniously attack, assault and stab one GALICANO RETIRADO II, with the said weapon, thereby inflicting upon the latter multiple stab wounds which caused his instantaneous death.”[3]Assisted by their counsel,[4] they pleaded not guilty to the charge during their arraignment on December 3, 1998.[5] After trial on the merits, the RTC rendered its assailed judgment.
“On December 31,1997, around 5:00 in the afternoon, Gerry Francisco was on his way home when he saw Francisco Telib, Galicano (Nonoy) Retirado and Rustico Flamingo drinking at the AFP Housing, Barangay Silangan, in San Mateo, Rizal. When Nonoy Retirado saw Gerry Francisco approaching, he offered him a drink. Gerry Francisco declined the offer because he just came from work but promised to be back.
“Gerry Francisco returned around 6:00 in the evening and joined the group of Nonoy Retirado in their drinking spree. It was then that Nonoy Retirado showed them a letter written by his live-in partner, Amor Beruega. Nonoy Retirado asked Gerry Francisco to read the letter but Rustico Flamingo read the letter instead. The tenor of the letter pointed to appellant Rogelio Beruega as the real father of Grace, the supposed daughter of Nonoy Retirado and Amor Beruega.
“Nonoy Retirado then confided to them that because of that letter, he and Amor Beruega had an argument. He even uttered, ‘kung hindi siya ang makakapatay, siya ang mapapatay.’
“Shortly before 7:00 o’clock in the evening of the same day, Nonoy Retirado asked Francisco Telib to accompany him to the house of appellant Rogelio Beruega. After thirty (30) minutes, Nonoy Retirado and Francisco Telib returned. It did not take long, however, before Lenlen Beruega, sister of Amor Beruega, arrived to fetch Nonoy Retirado. According to Lenlen Beruega, appellant Rogelio Beruega wanted to see Nonoy Retirado.
“Nonoy Retirado then went to the house of appellant Rogelio Beruega. Unknown to Nonoy Retirado, he was closely followed by Gerry Francisco and Francisco Telib. When Francisco Telib and Gerry Francisco were near the house of appellants, they noticed a commotion inside. Francisco Telib and Gerry Francisco, who were about ten (10) armslength from the house of appellants, heard invectives being hurled. Gerry Francisco saw appellants Rogelio Beruega and Ramil Beruega, Amor Beruega and Nonoy Retirado because the interior of appellants’ house was lighted.
“Momentarily, Gerry Francisco saw appellants emerge from the house. Appellant Ramil Beruega positioned himself at the back of Nonoy Retirado and held Nonoy Retirado’s hands. While appellant Ramil Beruega was holding Nonoy Retirado’s hands, appellant Rogelio Retirado stabbed Nonoy Retirado on the chest. After the first thrust, Gerry Francisco and Francisco Telib ran away.
“Immediately, Gerry Francisco told Jay Castro, a neighbor, about the incident. However, he did not report to the police authorities because of fear. The following day, or on January 1, 1998, he learned of the death of Nonoy Retirado.
“Meanwhile, in the morning of January 1, 1998, Roque Retirado, father of the deceased Nonoy Retirado, was awakened by the news that his son was found dead near the barangay hall of Barangay Silangan. Thereafter, Roque Retirado, accompanied by Barangay Captain Alexander Laureta, went to the crime scene where, at the Barangay Hall, he saw the lifeless body of his son. He noticed that Nonoy Retirado suffered multiple stab wounds. He also noticed that the lifeless body of his son showed traces of having been washed of blood.
“As a consequence, an investigation was conducted. On January 1, 1998, around 8:00 o’clock in the morning, Francisco Telib was invited by the police authorities for questioning. However, he did not say anything about the incident which he and Gerry Francisco witnessed on December 31, 1997. Instead, as soon as he was allowed to go home, Francisco Telib left their place.
“Upon the request of the San Mateo Police, Dr. Tomas D. Suguitan, PNP Medico-Legal Officer, performed the autopsy on the cadaver of Nonoy Retirado on January 1, 1998. Dr. Saguitan testified that Nonoy Retirado suffered thirty-four (34) injuries, twenty-eight (28) of which were stab wounds located in the front and back portions of his body. Dr. Saguitan also opined that wounds nos. 3, 4, 5, 6, 7, 14, 15, 17, 18, 19 and 20 were fatal.
“Dr. Suguitan further testified that judging by the number of wounds sustained by Nonoy Retirado, the same could have been inflicted by two (2) or more individuals.
“Due to the death of Nonoy Retirado, his family incurred P65,000.00 representing the cost of the cemetery lot; P17,000.00 for the coffin and P5,000.00 for the wake and funeral service.”[7] (Citations omitted)
“Accused-appellants interposed the defense of denial and alibi. On the one hand, accused-appellant Rogelio testified that on 31 December 1997, from 6:00 PM to 12:00 midnight, he was in [the] house together with his wife and children Rogelio, Jr., Amor and Lenlen. According to him, there was no unusual occasion that happened at that time. On the other hand, accused-appellant Ramil declared that on 31 December 1997, at around 6:00 PM, he, along with a Rudy Salvador, was in the house of a certain Dennis Silao roasting a pig’s head for New Year’s celebration. They stayed in that house till 9:00 PM. Afterwards, they dressed up and attended mass while he (Ramil) proceeded to the house of May Mendillo, his girlfriend, at Tierra Monte, Phase 4, Barangay Silangan, San Mateo, Rizal. He stayed in Mendillo’s house up to 3:00 AM the next day. Salvador and Mendillo corroborated the testimonies of accused-appellants.”[9]
“The testimony of the prosecution’s lone eyewitness, Gerry Francisco, is credible. His presence in the place proximate to the scene of the crime at the time of its occurrence, has not been negated. He has positively identified both herein accused as the persons who acted in unison in harming the victim. Furthermore, there is no showing that he had the motive to falsely testify against herein accused. It is settled that where there is no evidence and there is nothing to indicate that the principal witness for the prosecution was actuated by improper motive, the presumption is that the witness was not so actuated and his testimony is entitled to full faith and credit.
“The testimony of Gerry Francisco is, moreover, observably consistent with the facts as appearing in the records, as well as the testimony of the Medico-Legal Officer. The relative positions of the victim and the accused as testified to by Francisco find confirmation in the Medico-Legal officer’s testimony. Francisco alleged that the victim’s hands were held on the victim’s back by accused Ramil Beruega when accused Rogelio Beruega stabbed the victim on the chest. The doctor, on the other hand, testified that the assailants may have been in front or at the back of the victim or the victim may have been between two (2) assailants.
“Francisco’s apparent delay in executing a statement relative to the incident he witnessed does not affect his credibility, sufficient explanation has been given therefor. Fear for his life effectively prevented him from acting immediately. Initial reluctance to volunteer information regarding the crime due to fear of reprisal is common enough that it has been judicially declared as not affecting a witness’ credibility.
“In the face of the positive and credible testimony of the Prosecution’s witness, herein accused’ defenses of denial and alibi are unavailing.
“Based on the eyewitness account, the killing was qualified by abuse of superior strength. Accused were not only superior in number than the victim who was alone, defenseless and apparently unarmed, but more importantly, accused took advantage of their superior strength when they first limited the victim’s means of defense by holding the victim’s hands at his back before the victim was stabbed. Moreover, the victim was assaulted in the place of the accused who necessarily then had ascendancy and advantage over the victim as they (accused) were acting in their turf, so to speak. Added to this is the fact that the victim was called to accused’s place where a heated argument ensued before the victim was stabbed to death. In the light of the circumstances obtaining, it is evident that there was deliberate intent on the part of the accused to take advantage of their superiority over the victim.”[10] (Citations omitted)
As the third issue is closely related to the first, these two issues will be taken up together in this Decision.“I.
The lower court gravely erred in holding accused-appellant[s] guilty beyond re[a]sonable doubt despite the unreliable, contradictory and unbelievable testimony of alleged eyewitness Gerry Francisco.“II.
Assuming arguendo that prosecution witness Gerry Francisco’s testimony is true, the lower court gravely erred in appreciating against the accused-appellants the qualifying circumstance of abuse of superior strength, it clearly appearing that accused-appellants did not deliberately take advantage of their combined strength, much less conspired to consummate the offense.“III.
The lower court gravely erred in not convicting accused-appellant Rogelio Beruega of homicide only and acquitting accused-appellant Ramil Beruega.”[11]
Second, the supposed discrepancy between the number of stab wounds found in the body of the victim and the single act of stabbing seen by the eyewitness can be explained sufficiently. The latter immediately ran after the first stab wound had been inflicted on the former. Certainly, the eyewitness, who was already scampering away for fear of his own safety, could not have seen how the succeeding wounds were inflicted on the victim. The events that transpired before, during and after the stabbing incident, were related by Eyewitness Gerry Francisco in this wise:
“Q What about this Amor Beruega, what did she do, if she did anything, when this Ramil Beruega was holding both hands of the deceased while Rogelio Beruega was stabbing Nonoy Retirado?A Nonoy Retirado was holding the hair of Amor, sir.”[13] (Italics supplied)
Appellants ask where the stabbing incident actually occurred. Suffice it to say that the eyewitness consistently stated that the heated argument began inside the house, but that the actual stabbing happened while appellants and the victim were already engaged in a scuffle outside. The fact that the body of the victim was found in a place about 500 meters away from the alleged scene of the crime is not at all a decisive circumstance to consider. Indeed, it would have been preposterous for appellants to just leave the body of the dead victim sprawled in front of their house. It was not unnatural for them to move the body to a place away from the scene of the crime.
“Q Let us clarify that, Mr. Witness. You said a while ago that upon arrival of Mr. Nonoy Retirado in the house of his father-in-law, a commotion ensued, do you confirm that?
A Yes, sir.Q Now, again, Mr. witness, who were the participants in that commotion, to clarify that?
A Nonoy Retirado, Ramil Beruega, Rogelio Beruega and Amor Beruega, sir.Q Now, what was the subject matter of that commotion all about, if you know?”
A Yes, sir, about the letter.Q And will you kindly tell this Hon. Court what kind of commotion was that?
A They were exchanging words, sir.Q Who were exchanging words?A Nonoy Retirado, Ramil Beruega and Rogelio Beruega, sir.Q And will you kindly tell this Hon. Court how were these people exchanging words, were they shouting or whispering to each other or what?
A They were shouting at each other, sir.Q So, they were uttering invectives at each other?
A Yes, sir.Q And how far were you when you heard these people shouting and exchanging words against each other, Mr. witness?
A More or less ten (10) arms length, sir.Q Now, how were you able to recognize these people, Nonoy Retirado, Ramil and Rogelio, and Amor Bereuga when I supposed that it was dark then?
A Because they were outside and there was light, sir.Q Where is that light located, Mr. witness, was it located outside or inside the house of Rogelio Beruega?
A Inside, sir.Q And where was that commotion taking place, was it inside or outside?
A Inside the house, sir.Q And how were you able to recognize or identify those people involved in that shouting commotion, Mr. witness?
A I saw them inside going out, sir.Q And after that exchange of words between these people, Mr. witness, you stated a while ago that Ramil Beruega held the hand of Nonoy Retirado, do you confirm that?
A Yes, sir.Q What hand was it, right or left?
A Both hands placed at his back, sir.Q And you want to tell this Court, Mr. witness, that Ramil Beruega was positioned at the back of Nonoy Retirado holding Nonoy’s both hands on his back, is that what you mean?
A Yes, sir.Q What else transpired, Mr. witness?
A When Ramil Beruega was holding the hands of Nonoy, they stabbed him, sir.Q Who stabbed Nonoy?
A Rogelio, sir.Q What kind of instrument did Rogelio Beruega use in stabbing Nonoy?
A I don’t know what they used, sir.Q And how many times?
A I don’t know how many times, sir.Q But you are sure that Nonoy Retirado was stabbed more than once?A We don’t know how many because when he was stabbed for the first time, we already ran, sir.”[14] (Italics supplied)