People v. Bugho
REITERATIONFacts
The Antecedents: The accused-appellant, Diorico Bugho alias Dodong, was charged with Murder for the killing of Demetrio Alcober. The victim's grandson, Florentino Tobias, testified that on March 27, 1989, at around 6:00 PM, the accused arrived at the victim's house with a bolo, demanded money and chicken, and upon the victim's inability to comply, hacked him on the right hand. The victim ran, pursued by the accused, who eventually overtook and hacked him several times to death. Another witness, Marciana Raquel, corroborated seeing the accused chasing the wounded victim with a bolo. Remedios Lobrigo testified that the accused was in her house drinking tuba from morning until late afternoon on the day of the incident. The Municipal Health Officer, Dr. Dionesio Conde, confirmed the victim died from profuse hemorrhage due to multiple stab and incise wounds, four of which were fatal. Procedural History: The Regional Trial Court, Branch 15, 8th Judicial Region, Palo, Leyte, found the accused guilty of Murder, appreciating the qualifying circumstance of treachery and the aggravating circumstance of disrespect due to the victim's age. The court sentenced the accused to life imprisonment and ordered him to pay damages and indemnity. The Petition: The accused appealed the decision of the RTC.
Issue(s)
Whether the defense of alibi is sufficient to overcome the positive identification of the accused by the prosecution witnesses. Whether the killing was committed with treachery, qualifying the crime to Murder. Whether the aggravating circumstance of disrespect due to the offended party's age was correctly appreciated. Whether the penalty and damages awarded by the trial court are in accordance with law and jurisprudence.
Ruling
The Supreme Court affirmed the conviction of the accused-appellant for Murder with modifications regarding the penalty and indemnity. The Court ruled that the defense of alibi must yield to positive identification and that it was not physically impossible for the accused to have committed the crime. Treachery was found to be present, and the aggravating circumstance of disrespect due to age was also upheld. The penalty was modified to reclusion perpetua, and the indemnity was increased.
Ratio Decidendi
On the issue of alibi: The Court held that the defense of alibi is one of the weakest defenses and must yield to positive identification by credible witnesses. The grandson's testimony positively identified the accused, and the distance between the accused's claimed location and the crime scene (three kilometers) did not establish physical impossibility for him to commit the crime. The Court noted that the defense witness's testimony was doubtful as he admitted he could not recall the date of the incident without prompting from the accused's wife. Therefore, the alibi was not given credence. On the presence of treachery: The Court found that treachery was present as the attack was sudden and unexpected, and the victim was in no position to defend himself. The victim was initially hacked on the hand when he could not immediately comply with the accused's demand, and when he ran, he was overtaken and hacked several times to death. This mode of attack ensured the commission of the crime without risk to the assailant arising from the defense the victim might have offered. Thus, treachery qualified the killing to Murder. On the aggravating circumstance of disrespect due to age: The Court affirmed the appreciation of this circumstance, noting that the victim was seventy-three (73) years old while the accused was twenty-seven (27). The nature of the attack, hacking an elderly victim multiple times to death, clearly showed disrespect for the victim's age. This circumstance, not being offset by any mitigating circumstance, was correctly considered. On the penalty and damages: The Court modified the penalty from "life imprisonment" to "reclusion perpetua," as mandated by law for Murder. The indemnity was increased from P30,000.00 to P50,000.00, consistent with prevailing jurisprudence. The award of actual damages for burial expenses in the sum of P8,793.80 was sustained.
Main Doctrine
The defense of alibi must yield to positive identification by prosecution witnesses, especially when the alibi does not establish physical impossibility for the accused to be at the scene of the crime. Treachery qualifies the killing to murder, and disrespect due to the victim's age is an aggravating circumstance.