337 Phil. 440
MELO, J.:
That on or about April 21, 1986, in the Municipality of New Corella, Province of Davao, Philippines, and within the jurisdiction of this Honorable Court, accused Mario Salvame, conspiring, confederating and mutually helping with Rogelio Lebano alias "Dencio", who is at large, with treachery and evident premeditation, with intent to kill, armed with a hunting knife, did then and there wilfully, unlawfully and feloniously attack, assault and stab one Daniel Libres, thereby inflicting upon him wounds which caused his death, and further causing actual, moral and compensatory damages to the heirs of the victim.After trial, the court a quo rendered a decision, disposing:
(p. 4, Rollo.)
WHEREFORE, finding accused Almario or Mario Salvame guilty beyond reasonable doubt of Murder qualified by the aggravating circumstance of evident premeditation under Article 248 of the Revised Penal Code, he is hereby sentenced to suffer the prison term of Reclusion Perpetua, to suffer all the accessory penalties provided for by law and to pay the costs.From said decision accused Salvame has interposed the instant appeal, anchoring his plea for reversal on his lone and catch-all assigned error that —
He is further ordered to indemnify the heirs of Daniel Libres in the amount of TWENTY-FIVE THOUSAND (P25,000.00) PESOS as moral damages.
The filing fees shall constitute a first lien on the judgment award.
The accused being a detention prisoner, he is hereby given full credit of his detention if he had agreed in writing to abide by the rules and regulations imposed upon convicted persons otherwise, he shall only be credited with 4/5 of the period of such detention.
(pp. 16-17, Rollo.)
At about 7 o'clock in the morning of April 20, 1986, Rogelio Lebano, accompanied by appellant and a certain Ariel Acosta, was talking with Daniel Libres at the latter's yard situated at Barangay Cabidianan, New Corella, Davao, regarding a chainsaw which Lebano was selling to Libres (TSN, Sept. 27, 1993, pp. 5-6; TSN, June 3, 1993, p. 5).Accused-appellant asserts that the companions of the victim on the day he was killed were a certain Vivencio Cumahig and Lebano.
Libres wanted to get the chainsaw on the same day, but Lebano objected because he could get the chainsaw only the next day (p. 6, Ibid.).
The following morning, Libres asked permission from his wife, prosecution witness Olimpia Libres, to get the chainsaw from Limbaan, also in New Corella, Davao. Since Libres was proceeding to Sitio Tagaytay, Barrio Cabidianan, New Corella, Olimpia and her father-in-law Eliodoro Libres, rode with Libres on a motorcycle driven by the latter (p. 6, ibid.).
Upon reaching Sitio Tagaytay, Olimpia and her father-in-law disembarked to wait for a vehicle coming from Sunlon, while Libres waited for appellant and Lebano. A vehicle arrived which had no passenger yet. Olimpia and her father-in-law boarded the vehicle which returned to Barrio Cabidianan to get more passengers. Libres remained at Sitio Tagaytay (p. 7, ibid.).
When the vehicle where Olimpia and her father-in-law were riding was already on its way to Tagum, Davao, it overtook at Suwawon the motorcycle driven by Libres, with appellant and Lebano as passengers (pp. 7-8, Ibid.). Thereafter, on that same day, Libres was found dead at Barrio Limbaan, New Corella, Davao, while appellant and Lebano were already missing (pp. 10-11, Ibid.).
The body of Libres was taken to Funeraria Padilla at National Highway, Tagum, Davao, where Dr. Alfredo Manungas, Municipal Health Officer of New Corella, conducted the postmortem examination. The result of the examination and the death certification of Libres showed that the immediate cause of death was shock; the antecedent cause was hemorrhage; and the underlying causes were: (1) multiple stab wounds, chest, 6 in number, 4 inches deep each below left clavicle; below right clavicle; right clavicle; right breast; left para-sternal, left axilla, (2) slash wound, anterior neck; 3 inches deep, 4 inches wide (TSN, Sept. 16, 1993, pp. 3-4).
On November 14, 1986, or about seven (7) months after Libres was killed, Police Officer 3 Raul D. Bangoy, then assigned at the Provincial Headquarters, Tagum, Davao, together with Senior Police Officer 1 Manteca, Warrant Officer of New Corella Police Station and three (3) teams of 40 Infantry Batallion, were sent to Sitio Cogonan, Trento, Agusan del Sur, to effect the arrest of appellant and Lebano (TSN, Sept. 15, 1993, p. 3).
The mission was, however, unsuccessful as appellant and Lebano were able to leave the hut they were staying at the said sitio just before the police officers and military men arrived (pp. 4-5, Ibid.).
Sometime in the second week of July 1992, appellant, while drunk, disclosed to Antonio Paner, an Alsa Masa leader of Sitio Saro, Tugbok, Davao City, that he had killed a person (p. 7, Ibid.). Because of this disclosure, prosecution witness Antonio Paner made a surveillance on appellant until he came across an informant who relayed to him the misdeeds of appellant in New Corella (p. 8, Ibid.). Paner then prepared a hand-written report which he submitted to the Tugbok Police Station and was later forwarded to New Corella (p. 10, Ibid.). A warrant for the arrest of appellant was issued by virtue of which he was apprehended and turned over to the Tugbok Police Station (p. 13, Ibid.; p. 190).
(pp. 3-6, Appellee's Brief, ff. p. 53, Rollo.)
Q. Now at the time that you went back to Cabidianan to get passengers, what happened?(TSN, June 3, 1993, pp. 7-8)
A. When the jeep returned to proceed its route (sic) to Tagum, we passed by the motorcycle driven by my husband Dencio (Lebano) and Mario were back riding.
COURT:
Q. What is the full name of Mario?
A. Almario Salvame.
xxx xxx xxx
Q. You mentioned of Almario Salvame, who was the companion of Dencio, is he present in court?
A. Yes, he is here.
Q. Please point at him.
INTERPRETER:
The witness pointed to the person in the court room wearing a striped short who stoop (sic) up and identified his name as Almario Salvame."
(TSN, Sept. 27, 1993, pp. 7-8)
Her testimony is unqualifiedly and wholly corroborated by the testimony of Eliodoro Libres, father of the victim, who testified as follows:
COURT:
Q. You said you saw Daniel, Mario and Dencio at Sitio Sto. Niño, New Corella.
A. Yes Sir.
Q. Who is this Mario? Are you referring to Almario Salvame who identified himself as Almario Salvame?
A. He is the same person I have identified.
Q. And who were the companions of Almario?
A. Dencio.
Q. How about your son, Daniel, he was with them?
A. Yes, sir, my son Daniel was the one driving the motorcycle."