354 Phil. 1015
PUNO, J.:
"The undersigned 2nd Asst. Prov'l. Prosecutor hereby accuses HUGA TANILON y CARINAL and SIMEON YAP y MONTECINO of the crime of Murder, committed as follows:Both accused pleaded not guilty when arraigned and were tried. On February 28, 1996, the trial court convicted them in a Decision,[1] the dispositive portion of which states:
"That sometime in the evening of September 25, 1994, at Matuog, Tayasan, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with evident premeditation, with treachery, and with intent to kill, conspiring and confederating with and mutually helping each other, with accused Huga C. Tanilon as principal by inducement, having paid the P 1,000 reward for the killing to the other accused, Simeon M. Yap, who, as principal by direct participation, did then and there willfully, unlawfully, and feloniously ATTACK, STAB, and KILL one Andrew Caldera, inflicting fatal stab wounds on the vital parts of the latter's body, who died instantaneously as a result thereof, to the damage and prejudice of the heirs of the said Andrew Caldera.
'An Act defined and penalized by Art. 248 of the Revised Penal Code."
"WHEREFORE, premises considered, the Court finds Huga Tanilon y Carinal and Simeon Yap y Montecino guilty beyond reasonable doubt as principal and accomplice, respectively, of Murder penalized under Art. 248 of the Revised Penal Code, as amended by R.A. 7659. Accordingly, accused Huga Tanilon y Carinal is hereby sentenced to the (sic) penalty of reclusion perpetua, together with all the accessory penalties provided by law. Accused Simeon Yap y Montecino is hereby sentenced, after applying the indeterminate sentence law, to suffer an indeterminate prison term ranging from 8 years and 1 day of prision mayor as minimum to 14 years, 8 months and 1 day of reclusion temporal as maximum, together with all the accessory penalties provided for by law. Both defendants are jointly and severally ordered to pay to the lawful heirs of the deceased victim Andrew Caldera the following:Seeking a reversal of the decision, accused-appellant Huga C. Tanilon interposes the present appeal. She assigns the following errors to the Decision of the trial court, viz:
(a) P 1,440,000.00 representing loss of income;
(b) P 50,000.00 as death indemnity; and
(c) P 30,000.00 for moral damages.
"The jailer is hereby ordered to make the proper reduction of the period during which the said two defendants were under preventive custody by reason of this case in accordance with law.
"SO ORDERED."[2]
The evidence for the prosecution shows that the accused Tanilon had a grudge against the victim, Andrew Caldera. Nancy Caldera, the wife of the victim, testified that Tanilon and the victim were not in good terms because on June 12, 1992, the victim called Tanilon "x x x a prostitute, a nymphomaniac, a whore and a fucker" and threatened "x x x I will kill you; you will not reach morning alive, and if you will not come down, I will set fire to (sic) your house. x x x I will cut your clitoris with a long bolo."[3] Tanilon filed two (2) criminal cases against the victim, one for Grave Oral Defamation[4] and another for Grave Threats.[5] Both cases were pending in the MCTC of Tayasan, Negros Oriental, at the time of the incident.I
The trial court erred in giving credence to the uncorroborated and contradictory testimony of prosecution witness Simeon Yap.II
The trial court erred in finding the accused Tanilon guilty beyond reasonable doubt of the crime of murder.
"GENERAL APPEARANCE OF THE VICTIM WHEN SEEN:He testified that stab wound number 1 was the fatal wound and the weapon used was a sharp three-bladed instrument like a file. He likewise opined that another weapon, a shorter one, was possibly used. He declared that the hematoma could have been caused by the contact of the chest with any hard object except a boxing blow.[15]
- Lying position with both upper extremities flexed
- Multiple hematoma over the chest
- Left lower leg slightly flexed
"POSTMORTEM FINDINGS:
1. Stab wound at the right side of the neck, five (5) cm. wide, penetrating and traversing the chest cavity, directed towards the left chest and causing injury to the heart with a measurement of five (5) inches deep.
2. Stab wound at the middle third of the left shoulder, five (5) cm. wide and two (2) inches deep, penetrating the muscle.
No other injuries seen upon further examination.
"CAUSE OF DEATH:
Cardio-respiratory arrest due to severe internal hemorrhage."[14]
The second inconsistency, referring to whether Yap knew the appellant prior to the incident, even if true, does not justify disbelieving Yap's entire testimony.[21] The rule has always been that the testimony of a witness must be considered in its entirety and not by its truncated portions or isolated passages.[22] Anent Yap's inconsistency regarding the date of payment of the P 1,000.00 price, suffice it to say that contradictions between the contents of an affiant's affidavit and his testimony on the witness stand do not always militate against the witness' credibility because we have long taken judicial notice that affidavits, which are usually taken ex parte, are often incomplete and inaccurate.[23] To be sure, a sworn statement taken ex parte is generally considered to be inferior to a testimony given in open court as the latter is subject to the test of cross examination.[24] Moreover, the alleged inconsistency is insignificant. Whether Yap and his companions received the money before or after the incident, the important circumstance common to both the affidavit and the testimony in court is that the appellant ordered the killing of the victim for a price.
"Q-
Mr. Yap, on page 9 of the Preliminary Investigation conducted by the MCTC of Tayasan, Negros Oriental, which is now page 89 of the records of this case, you testified among other things, and I quote, 'Q - What were Bonifacio Alejo and Nordevillo Calijan doing at that time? 'A - 'When we reached after the chapter he was immediately stabbed by Coroy and followed up by Bonifacio hitting at the left and when Andrew Caldera fell down he was stepped on by Nordy Calijan (sic). "And you repeated this kind of testimony on page 12 of the preliminary investigation which is now page 92 of the records of this case, and now marked as Exhibit "4-K" for the prosecution and Exhibit "M-11" for the defense, and I quote: 'Q - And you are very sure of that - that you saw Dioscoro Dupio and Bonifacio Alejo stab Andrew Caldera? 'A - Yes. 'Q - At a distance of 50 meters? 'A - Yes, I saw. 'Q - At a distance of 50 meters, you are very sure of this? 'A - Yes. 'Q - Even if it is (sic) dark? 'A - Yes. 'Q - So that the distance of Andrew Caldera and the persons who killed Andrew Caldera like Dioscoro Dupio and Bonifacio Alejo and Nordevillo Calijan, you were at a distance of 50 meters from them? 'A - I saw. 'Q - You are very sure of that it was 50 meters? 'A - I am sure. 'Q - And that distance is that distance from where you were setting (sic) to the goal? 'A - Yes. "Q Mr. Yap, do you remember having testified to that effect? "A Yes. "Q And all these answers are true, Mr. Yap? "A During that time, I got rattled that is why I answered that I was fifty (50) meters away."[20]
"x x x"[25]
"x x x "PROSECUTOR SALMIN: "Q I will again read the typewritten words and you indicate where is that finding in the blank form. Again, finding No. 1 is stab wound at the right side of the neck, five (5) cm wide, penetrating and traversing the chest cavity, directed towards the left chest and causing injury to the heart with a measurement of nine (9) inches deep."x x x "Q So because of the depth of such a wound which is nine (9) inches, would you say Doctor that the weapon used could be measured more than nine inches? "A It is possible and the weapon might be having (sic) a three (3) cornered weapon. "COURT: "Q Three (3) cornered weapon like what? "A Like a file "PROSECUTOR SALMIN: "Q When you say three (3) cornered weapon doctor, you are implying what we call in the dialect a 'tres cantos'? "A Possible. "COURT: "Q Three pointed instrument? "A Three sided instrument. "Q You mean three (3) sided not three (3) pointed? "A Three (3) sided."x x x "Q And the entrance of the wound is five (5) cm. Does that indicate also the width of the weapon used? "A Possible, sir. "Q So, what would have been the possible weapon used in the perpetration of that kind of wound aside from its being three (3) sided, three (3) cornered weapon. "A "Three sided weapon. "Q It is a sharp three sided weapon, Doctor? "A Yes. "Q Compatible with an icepick, a file - as what you said? "A It is a sort of an instrument like a file."x x x "Q Now, in your finding No. 2, as I read, kindly indicate that also on the anatomical chart Doctor, is (sic) a stab wound at the middle third of the left shoulder? "x x x "Q The same finding Doctor is to the effect that the entrance of five (5) cm wide and the deepness is of two (2) inches penetrating the muscle. "x x x "Q And what kind of weapon must have been used in inflicting such a wound? "A The same weapon. "Q The same weapon or the same type of weapon? "A The same type of weapon. "Q In other words, it is also a three sided or three cornered sharp and pointed instrument? "A Yes, sir. "Q Again, compatible with a file or an icepick, Doctor? "A Yes, sir. "Q Considering that the entrance is five (5) cm wide, could it be that the same weapon was used in inflicting such kind of wound? "A Yes, sir. "Q Considering that the deepness is only two (2) inches, could it also be possible that another weapon, a shorter one, was being (sic) used? "ATTY. ERAMES: "We object to the question. The question asks for possibilities, Your Honor, please. Besides, Your Honor, please, the deepness of a certain injury would depend on the pressure applied by the assailant on the victim. "COURT Read the question. (Done) Answer. "A I cannot determine exactly whether another weapon was used. "COURT: You are only asked about the possibility, not exact determination. "A It is also possible.