396 Phil. 11
BUENA, J.:
"That on or about the 23rd day of April, 1992 in Valenzuela, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together and mutually helping one another, by means of force and intimidation employed upon the person of one FARITA PUNZALAN y MARTIN and with intent to gain, did then and there wilfully, unlawfully and feloniously rob and carry away a bag containing an undetermined amount of cash and jewelry belonging to said FARITA PUNSALAN y MARTIN, to the damage and prejudice of the latter in an undetermined amount; that on the occasion of said Robbery, the above-named accused, in pursuance to their conspiracy, with abuse of superior strength and treachery, did then and there wilfully, unlawfully and feloniously, and with intent to kill, hit said FARITA PUNSALAN with stone and wood, thereby inflicting upon the latter serious physical injuries which injuries caused her death."Upon arraignment on May 4, 1992, all the accused, assisted by their respective counsels, pleaded not guilty to the crime charged.
"WHEREFORE, in view of the foregoing, the accused GILBERT GONZALES, VICTOR ORTEGA, and ARISTON SERRANO are hereby found guilty beyond reasonable doubt of the crime of ROBBERY WITH HOMICIDE and hereby each sentenced to suffer the penalty of RECLUSION PERPETUA; to indemnify the heirs of the victim FARITA PUNZALAN in the sum of P53,000.00; and to pay the costs.The prosecution's case was anchored mainly on the testimonies of two alleged eyewitnesses, Lilia Pangilinan and Juanito Navales.
"The prosecution having failed to prove beyond reasonable doubt the guilt of accused MICHAEL SALAZAR and CHARLES DACANAY, these two accused are hereby ACQUITTED of the crime charged with costs de officio.
"SO ORDERED."[2]
"Pallor, generalized. Contused abrasion, forehead, right side, 3.5 x 5.0 cms.Accused-appellants professed their innocence claiming that they were elsewhere at the time of the incident.
"Abrasion, nose bridge, 1.5 x 2.0 cms.
"Contusion, zygomatic area, right side, 2.0 x 2.4 cms., neck, left side, 3.0 x 4.0 cms, breasts area, right side, 5.0 x. 9.0 cms.
"Hematoma, periorbital, bilateral, right, 5.0 x 7.0 cms., left, 4.0 x 5.0 cms, prejuricular area, right side, 5.0 x 9.0 cms.
"Scalp hematoma, generalized.
"Fracture, comminuted, skull, frontal bone and the bones of the anterior and middle fossa.
"Genital findings: with fresh deep hymenal lacerations at 9:00, 8:00, 7:00 and 6:00 o'clock, position corresponding to the face of a watch, edges of which are edematous and coaptable.
"Other visceral organs, congested.
"Stomach contains small amount of blackish fluid.
"CAUSE OF DEATH: Traumatic head injury."[4]
"The following were found by the Presiding Judge during the said ocular inspection:In giving credence to Juanito Navales' testimony, the trial court ratiocinated:
"The railroad tracks were nearby the hut. The hut had vertical slats 3 inches apart in front and other side of the said hut and a rectangular hole serving as a window. There were indications of newly cut shrubs or bushes fronting the door of the hut. Between these bushes and the door, the body of Farita Punzalan was said to have been found. The observation of the Court is, that if these slats were not covered at the time of the crime, one does not have to peep in to see what was happening inside the hut. The flooring is of tile slabs which are not permanently attached to the ground. The height from the floor up to ceiling is five (5) feet seven (7) inches only. It can be stated in this regard that a piece of wood as long as 7 feet 7 inches long (Exhs. H, H-1 and H-2) in this case cannot be raised and swang downwards because of the limited height of the ceiling. The width of the hut is 7 feet 5 ½ inches, the length is 7 feet 6 inches. There was no indication of blood stain on the flooring. Inside the hut is a `banggera.' These facts discredit the testimony of Lilia Pangilinan that the killing was done inside the hut and the wooden club was swung at her inside the hut."x x x x x x x x x
"After hearing the testimony of Lilia Pangilinan and studying her written statements to the police (Exhs. G, G-1, G-2) the Court is disregarding these because these do not reflect the true facts as found by this Court from the other evidences on record. First, her house which is at Santol St., Pacheco Subdivision, Valenzuela, Metro Manila is really far away from the scene of the crime. This Presiding Judge during the ocular inspection even with the use of a car, found that said house was very far from the scene. Lilia Pangilinan could not be at the vicinity of the hut at that early morning 5:10 just to buy milk (according to her statement) or to buy bread (according to her testimony in Court). Secondly, her testimony that she saw the victim in her dream asking for help, and then her further testimony that she woke up and saw the victim was dead in a white dress tugging at her blanket, asking for help is within the realm of the supernatural which no judicial body can believe for purposes of deciding this case or other case for that matter. Third, her testimony that the swinging of the long club and the killing of Farita Punzalan inside the hut could not be possible because the club that long could not be swung inside the hut due to its small size and low ceiling." (Underscoring Supplied)[9]
"The Court is giving more credence on the testimony of Juanito Navales Jr. alias Paniki on some vital or salient points. After piecing together other evidences presented, especially the ocular inspection, this Court is convinced that Paniki and not Michael Salazar was the look-out man of Victor Ortega, Gilbert Gonzales and Ariston Serrano, whose respective houses are just few steps away from the hut. As found by this Court, the respective addresses of Gilbert Gonzales, Ariston Serrano and Victor Ortega were near Daang Bakal railroad tracks, and at their respective ages and proximity of their respective houses, their (sic) being barkadas as testified to by rebuttal witness Rolando Vergeniza is certainly believable. There is that pool or billiard near the store of Aling Remy where they used to come together to play and to drink, just beside the hut. At that early 5:00 or thereabouts their (sic) being together to perpetrate the crime charged is not impossible to be done. Michael Salazar who resides at Road 3 Lena Subdivision and Charles Dacanay who resides at Malakas St., Lena Subdivision could not be so near to Victor Ortega, Ariston Serrano and Gilbert Gonzales as personally observed by this Court during the ocular inspection at that early morning to be with them to perpetuate the act. Besides from the demeanor of Michael Salazar as he testified, saying that Paniki had a grudge against him that prompted him to implicate him this case, is believed by this Court. The participation of Charles Dacanay in this case was totally not proven.Accused-appellants now come to us pleading this Court to reverse the trial court's decision. They raise the following errors:
"The testimony of Paniki in Court was corroborated in details such as those portions where Gilbert Gonzales pulled Farita Punzalan towards the hut and hit her nape with the piece of wood that could have prevented her from shouting for help; that Ariston Serrano removed her pants; that Victor Ortega dropped the stone (Exh. 1) on Farita Punzalan's head. It must be noted that Michael Salazar appeared in the testimony of Paniki as the look-out man. The Court, as stated above, believes that it was Paniki who was the look out man and not Michael Salazar because it was Paniki who slept in the hut the night before.
"The testimony of Paniki that the perpetrators were `sabog' or appeared drug (sic) is believed by the Court because during his testimony he said they were happy, nagtatawanan as they perpetrated the crime, a heinous crime, which cannot be the object of a laughing spree by persons not drugged."[10]
A. VICTOR ORTEGAThe issue boils down to the credibility of the prosecution witnesses.I
THE TRIAL COURT ERRED IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONY OF PROSECUTION WITNESS JUANITO "BOY" NAVALES, ALIAS BOY PANIKI.II
THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF ROBBERY WITH HOMICIDE.
B. ARISTON SERRANOI
THE LOWER COURT ERRED IN GIVING WEIGHT TO THE TESTIMONY OF JUANITO NAVALES.II
THE LOWER COURT ERRED IN ITS FINDING THAT JUANITO NAVALES WAS THE LOOK-OUT MAN OF GILBERT GONZALES, VICTOR ORTEGA AND ARISTON SERRANO.III
THE TRIAL COURT ERRED IN FAILING TO APPRECIATE THE ULTERIOR MOTIVE OF JUANITO NAVALES IN TESTIFYING AGAINST THE APPELLANT AND HIS CO-ACCUSED NOTWITHSTANDING HIS/THEIR INNOCENCE.IV
THE LOWER COURT ERRED IN FAILING TO DETECT THE IMPROPER MOTIVE OF THE VALENZUELA POLICE IN THE HASTY SOLUTION OF THE CRIME.V
THE TRIAL COURT ERRED IN FAILING TO DETECT THE WEAKNESS OF THE PROSECUTION'S EVIDENCE.VI
THE TRIAL COURT ERRED IN NOT ACQUITTING THE APPELLANT.
C. GILBERT GONZALESI
THE HONORABLE COURT A QUO ERRED IN DENYING THE ACCUSED-APPELLANT OF HIS RIGHT TO COUNSEL AND TO DUE PROCESS.II
THE HONORABLE COURT A QUO ERRED IN ADMITTING AND APPRECIATING THE SUBSTANTIALLY CONFLICTING TESTIMONIES OF THE TWO ALLEGED PROSECUTION EYEWITNESS.III
THE HONORABLE COURT A QUO ERRED IN CONVICTING ACCUSED-APPELLANT ON THE BASIS OF PRESUMPTIONS, CONJECTURES, AND MISAPPREHENSION OF FACTS.IV
THE HONORABLE COURT A QUO ERRED IN FINDING ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT FOR ROBBERY WITH HOMICIDE, SENTENCING HIM TO SERVE THE PENALTY OF RECLUSION PERPETUA AND TO INDEMNIFY THE HEIRS OF THE VICTIM IN THE SUM OF P35,000.00 (SHOULD BE P53,000.00) AND TO PAY THE COSTS.
"COURT:His testimony was corroborated by Imelda M. Cirujano, Medical Laboratory Technician of the National Bureau of Investigation who conducted an examination of the presence of human spermatozoa on the victim.[14] Her microscopic examination of the specimen taken from the victim's genitalia gave positive result of the presence of human spermatozoa.[15]
So what is the cause of the hymenal lacerations?
"A These lacerations could be caused by any instrument that is harder than the hymenal mucosa, your Honor.
"COURT:
In your opinion, as a medico legal officer who conducted the autopsy, what does it indicate?
"A What I mean, your Honor, hymenal lacerations has caused the pennis (sic) to.....
"COURT:
There is rape involved, you consider that?
"A Considering that we have positive findings....
"COURT:
So there is, there could have (sic) a sexual assault to the victim?
"A Yes, your Honor.
"Q When you said pennis (sic) ....
"A Considering that we have positive seminal findings, your Honor."[13] (Underscoring Supplied)
"10 T Paano pinatay itong si Farita, isalaysay mo nga sa akin?However, in his testimony in Court, Navales never mentioned that accused-appellant Gilbert Gonzales hit Farita Punzalan with a piece of wood. He narrated:
"S Naglalakad si Farita sa gilid ng kubo nang bigla siyang hilahin ni Gilbert papunta sa loob ng kubo at pagkatapos ay pinalo siya ng kahoy ni Gilbert sa may batok. Tapos nakita kong hinubaran ni Aris si Farita ng kanyang pantalon at panty at narinig kong nagsalita si Vic ng ganito. `TIGNAN MO KUNG MAY TAO.' Ako naman ay nagtago sa may gilid ng bahay. Tapos noong sabihin ni Tano na `WALANG TAO' bumalik uli ako at nakita ko si Vic na binagsakan ng bato sa ulo si Farita. Tinakpan naman ni Aris ng panyo iyong bibig ni Farita tapos sinabi ni Vic uli kay Tano na `TIGNAN MO KUNG MAY TAO' kaya nagtago uli ako sa may gilid ng bahay. Pagkatapos ay nagtakbuhan na sila."[17] (Underscoring Supplied)
"COURT:Also, in his sworn statement, Navales stated that accused-appellant Serrano pulled down Farita's pants and panty but in his testimony, he claimed that accused-appellant Serrano was not able to pull down the victim's pants. Thus:
"Q Why, where was Farita Punzalan then when she was pulled?
"A She was walking near the hut, your Honor.
"ATTY. PAGUIO:
"Q Towards what direction was Farita Punzalan pulled?
"A Towards MacArthur Highway, your Honor.x x x x x x x x x
"Q You said she was walking. After being pulled by Mr. Gilbert Gonzales what transpired next if any?
"A Aris Ariston removed her pants, sir.x x x x x x x x x
"Q After Mr. Gilbert Gonzales yanked or pulled Farita Punzalan, what did Mr. Gonzales do?
"A He just stood, sir.
"Q And after standing, what did Mr. Gilbert Gonzales do?
"A None, sir."[18] (Underscoring Supplied)
"COURT:His testimony furthermore contradicted the evidence on record. The police found the victim unconscious with her pants and panty rolled down to her knees.
"Q Follow. Was Aris Ariston able to remove the pants?
"A No, your Honor.
"ATTY. PAGUIO:
"Q Up to what portion of the legs was it pulled down?
"COURT:
He said it was pulled down so totally, it was not pulled?
"WITNESS:
No your, Honor.
"COURT:
It was not pulled?
"WITNESS:
No, your Honor."[19]
"Q Why did you not report to the police?The prosecution's response to the comment of the Judge was that Navales was familiar with the surroundings having stayed there for a long time. However, when the counsel for the accused asked him in whose house did he hide when he heard accused-appellant Ariston ask accused Michael Salazar if there are people around, Navales could not remember the owner.
"A I do not know; the police is far. It was Nora who called the police, your Honor.
"ATTY. DOMINGO:
"Q That Nora is residing where? Or how far in relation to the hut?
"A About 10 meters, sir.
"Q In the same direction or place where your residence is located?
"A No, sir.
"Q Where?
"A On the other side, sir.
"Q Other side of what?
"A To the corner, sir.
"Q Corner of what?
"A Corner of Dalandanan, at the tricycle terminal, sir.
"Q Tricycle terminal where? Across MacArthur Highway?
"A Right after the road crossing the railroad tract, sir.
"Q And the only thing you told Nora was that there was a dead body there?
"A Yes, sir.
"Q What was Nora doing at that time?
"COURT:
Nagsasampay.
"WITNESS:
"A She was hanging clothes, sir.
"ATTY. DOMINGO:
"Q How far is the house of Nora from the hut?
"A 12 meters, sir.
"COURT:
I noticed that he is giving the right distances as found during the ocular inspection."[21]
"COURT:We have also noted from the evidence that it was improbable for Navales to be at the scene of the crime. He testified that he was on his way to buy pandesal when he saw accused-appellant Gilbert Gonzales pull Farita Punzalan. If such were true, he would not have gone to the farthest bakery but to the bakery nearest his house.
"Q Wait. When you saw Gilbert pull Farita, were you at the side of the railroad track or near the house of Aling Remy?
"WITNESS:
"A I was at the side of the railroad track, your Honor.
"COURT:
"Q In whose house did you hide after you saw that?
"A Aling Felicing, your Honor.
"Q That is the house of Gilbert? Whose house did you hide?
"A I do not know, your Honor.
"Q Is it not the houses around the hut belong to, one is being occupied or belonging to Aling Remy, and the other, the house near the hut is the house of Aling Felicing. Which of these 2 houses did you hide?
"A I do not know, your Honor.
"Q How long have you been staying there at Daang Bakal? Why don't you know whose house that is? Or is it really you did not hide?
"A I forgot the name, your Honor."[22]
"ATTY. DOMINGO:If Navales went to buy bread that early morning of April 23, 1992 along MacArthur Highway, he does not have to pass the hut because he needs only to cross the railroad track to reach the same. Thus, it was unlikely that Navales could have seen accused-appellant Gonzales pull Punzalan towards the hut.
"Q You stated that it was on your way to buy pandesal you claimed you saw Gilbert Gonzales, is it not?
"A Yes, sir.
"Q And since it was your mother who ordered you to buy pandesal, it follows that as you earlier stated, you came from your house which is 100 meters away from the hut, right?
"A Yes, sir.
"Q Where were you going to buy pandesal?
"A Aling Cely, sir.
"Q Where is that Aling Cely's place located?
"A At Lena Subdivision, sir.
"Q You mean in the inner portion of Lena Subdivision?
"A Yes, sir.
"Q Tell me, is it not that the nearest bakery from your house is the bakery along MacArthur Highway, which your house is very near?
"A Yes, sir, but it was closed.
"Q How many bakeries are there along MacArthur Highway which is near your place of residence?
"A Two (2) sir.
"Q And all you have to do is cross the railroad track and you will reach that bakery, right?
"A Yes, sir.
"COURT:
"Q And you do not have to go near this hut?
"A Yes, your Honor."[23]
"COURT:We have consistently held that to be credible, testimonial evidence should not come only from the mouth of a credible witness but it should also be credible, reasonable and in accord with human experience.[26]
I am asking you if you are still presenting an eyewitness?
"ATTY. PAGUIO:
Unless somebody come out, your Honor.
"COURT:
Remember, the first testimony of the first witness runs counter to the testimony of the other witness. If you will present another witness, will present another version, that is where you were. (sic)"[25]