People v. Perante, Jr.
REITERATIONFacts
The Antecedents: In the early morning of July 3, 1981, in Sitio Loctob, Leyte, two men attacked Aniano Roque, Romeo Roque, and Mamerto Berian while they were sleeping in a nipa hut on the farm they were tilling. Aniano was killed instantly, Romeo died three hours later from mortal wounds, and Mamerto Berian survived the attack. Procedural History: Two separate informations for murder were filed against Julian Perante, Jr. and Orlando Obias. Only Perante was tried as Obias was at large. The Court of First Instance of Leyte convicted Perante and imposed the death penalty. The Petition: The case is before the Supreme Court on automatic review of the conviction and sentence imposed on accused-appellant Julian Perante, Jr.
Issue(s)
Whether the guilt of the accused-appellant was proven beyond reasonable doubt. Whether the crimes committed were murder, qualified by treachery and with the aggravating circumstance of dwelling. Whether the imposed death penalty should be affirmed.
Ruling
The decision of the lower court is modified. The accused-appellant is sentenced to reclusion perpetua for each of the two crimes of murder committed. The civil indemnity is increased to P30,000.00 each for the heirs of Aniano Roque and Romeo Roque.
Ratio Decidendi
On whether the guilt of the accused-appellant was proven beyond reasonable doubt: The Court affirmed the positive identification of the accused-appellant by the eyewitness, Mamerto Berian, who testified that he clearly saw both assailants due to a kerosene lamp inside the hut. Berian recognized Perante as he had met him several times before. This positive identification was corroborated by Felicitas Lariosa, who testified that Romeo Roque, before he died, identified Julian Perante and Orlando Obias as his attackers. The defense of alibi offered by Perante, claiming he was two kilometers away from the crime scene, was deemed inherently weak, especially since it was supported only by his brother and lacked clear and convincing evidence of physical impossibility to be at the scene. The Court reiterated the rule that an alibi cannot prosper unless it is shown that the accused was at another place at the time of the commission of the crime and that it was physically impossible for him to be at the locus criminis. Furthermore, the Court held that motive is not essential when the identity of the culprit is positively established by credible witnesses, as in this case. On whether the crimes committed were murder, qualified by treachery and with the aggravating circumstance of dwelling: The Court agreed with the trial court that the crimes were murder. Treachery was found to exist because Aniano Roque was attacked while asleep, and Romeo Roque, though awakened, was still dazed and unprepared to offer any risk or danger to the attackers. The Court cited previous rulings establishing treachery when the victim is asleep or is attacked in a state where retaliation is not possible. The aggravating circumstance of dwelling was also found applicable because the nipa hut where the attack occurred belonged to Juan Roque, the father of Aniano and grandfather of Romeo, and the victims were occupying it. The Court cited jurisprudence holding that dwelling is aggravating when the offense is committed in the dwelling of the offended party, provided that the offenders do not have a title or right to such dwelling. On whether the imposed death penalty should be affirmed: The Court noted that the trial court imposed the death penalty. However, due to the lack of the necessary votes among the Justices, the death penalties were reduced to reclusion perpetua for each of the two crimes of murder committed. The Court also increased the civil indemnity to P30,000.00 for the heirs of each victim.
Main Doctrine
Positive identification by a credible witness prevails over the defense of alibi, and motive is secondary when identity is established. The aggravating circumstance of dwelling applies when the attack occurs within the victims' abode. The death penalty is reduced to reclusion perpetua due to lack of necessary votes.