People v. Lopez
REITERATIONFacts
The Antecedents: On January 31, 1982, at approximately 6:00 p.m., Adelina Magtoto and her companions were at the Encounter Disco. At about 7:30 p.m., while they were leaving and waiting for a ride, accused-appellants Domingo Lopez and Roberto Ansale suddenly appeared and attacked Jaime Cano, with Ansale hitting Cano on the neck with a balisong. As Cano and others fled, the assailants ganged up on Jaime Gloria, who was nearby, and took turns stabbing him. Gloria died that night from multiple stab wounds. Cano was treated for his wound and hospitalized for two days. Procedural History: The Regional Trial Court, Branch 84, Quezon City, found Domingo Lopez and Roberto Ansale guilty of Murder in Criminal Case No. Q-18861 and Frustrated Murder in Criminal Case No. Q-18862. The court found treachery as a qualifying circumstance in both cases, with no other mitigating or aggravating circumstances. They were sentenced to life imprisonment for Murder and an indeterminate penalty for Frustrated Murder, along with indemnities. The Petition: Accused-appellants appealed the decision, assigning several errors to the trial court, including errors in ruling that they were the perpetrators, in giving more weight to prosecution witnesses, in finding conspiracy, in not holding them responsible for individual acts, in convicting them of Murder and Frustrated Murder instead of Homicide and Frustrated Homicide, and in convicting them instead of acquitting them.
Issue(s)
Whether the trial court erred in ruling that the accused-appellants were the perpetrators of the crimes charged and in giving more weight to the testimonies of the prosecution witnesses than to the testimonies of witnesses for the accused. Whether the trial court erred in ruling that both accused conspired together in killing Jaime Gloria and in wounding Jaime Cano, and whether the trial court erred in not holding the accused responsible only for their individual acts. Whether the trial court erred in convicting the accused of the crimes of murder and frustrated murder, rather than of the lower offenses of homicide and frustrated homicide. Whether the trial court erred regarding the admissibility of Roberto Ansale's Statement (Exhibit "P"). Whether the trial court erred in its original imposition of penalties, considering the abolition of capital punishment. Whether the trial court erred in convicting, rather than in acquitting, the accused, considering all evidence presented.
Ruling
The appealed judgments are modified. In Criminal Case No. Q-18861 for Murder, each accused-appellant is sentenced to suffer the indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to eighteen (18) years, eight (8) months and one (1) day of reclusion temporal, as maximum. The civil indemnity is increased to P30,000.00, while actual damages of P4,300.00 and moral damages of P10,000.00 are affirmed. In Criminal Case No. Q-18862 for Frustrated Murder, each accused-appellant is sentenced to suffer an indeterminate penalty of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to twelve (12) years, one (1) day of reclusion temporal, as maximum. The actual damages of P1,485.00 and P3,000.00 for loss of income are affirmed. Costs in both cases are against accused-appellants jointly.
Ratio Decidendi
On the issue of perpetrators and credibility of witnesses: The Court found the general denial of the accused-appellants to be "limp" and highly improbable, especially for Domingo Lopez, who was tending the parking area adjacent to the incident. The testimony of the Manager of the Grand Inihaw Beer House was also found to be evasive. Such denials cannot prevail over the positive identification made by prosecution witnesses, including Alex Pilapil, Jaime Cano, Federico Malinao, and Basilisa Polinar. These witnesses identified the accused-appellants as the assailants, and their statements were given early in the morning after the incident, negating claims of police coaching. The Court reiterated the doctrine that the findings of the trial court on credibility are entitled to great weight and respect. On the issue of conspiracy and individual acts: The Court found the contention that the accused-appellants should only be held responsible for their individual acts to be untenable. Evidence showed that the accused-appellants acted in concert in stabbing the victims. They first attacked Jaime Cano, with Roberto Ansale inflicting the initial wound. Subsequently, both assailants turned on Jaime Gloria, with Domingo Lopez hitting Gloria in the stomach and Roberto Ansale stabbing him in the back with the same balisong. This concerted action indicated a common purpose and design, thus establishing conspiracy. On the characterization of the crimes as Murder and Frustrated Murder: The Court affirmed the trial court's characterization of the crimes as Murder and Frustrated Murder due to the attendance of treachery. The attack was sudden and unexpected, without any warning or provocation from the victims, giving them no chance to defend themselves. The Court dismissed Roberto Ansale's claim of self-defense, noting its contradiction with their initial denial of knowledge of the incident and the lack of evidence to support it. Treachery was, therefore, correctly appreciated. On the admissibility of Ansale's Statement: The Court found merit in the defense contention that Roberto Ansale's Statement (Exhibit "P") was inadmissible in evidence for having been taken in violation of his constitutional rights, a point conceded by the prosecution. However, the Court noted that even without this statement, there was ample evidence establishing the guilt of the accused to a moral certainty. On the modification of penalties: Due to the abolition of capital punishment in the 1987 Constitution, the penalty for Murder was modified. The Court applied the penalty of reclusion temporal in its maximum period to reclusion perpetua. For Frustrated Murder, the penalty was adjusted accordingly. The Court also increased the civil indemnity for the death of Jaime Gloria to P30,000.00, aligning with current jurisprudence. On the overall conviction: Even with the inadmissibility of Ansale's statement, there was ample evidence establishing the guilt of the accused to a moral certainty, justifying the conviction.
Main Doctrine
The positive identification of the accused by credible eyewitnesses prevails over a general denial and alibi. Treachery is appreciated when the attack is sudden and unexpected, giving the victim no chance to defend themselves. The penalty for murder is modified due to the abolition of capital punishment.