People v. Silong
REITERATIONFacts
The Antecedents: On April 21, 1988, sixteen copra laborers went to a coconut land in Barangay Manarog, Javier, Leyte. The following day, April 22, 1988, at about 8:00 a.m., while the laborers were gathering coconuts, a group of approximately thirty-three armed men ambushed them from an upper level of the terrain. The ambushers rained bullets on the laborers. Some ran for cover, but others were fatally shot. Among the fatalities were Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, and Zosimo Ellaga. Ceferino Asocinas sustained wounds and died later in the hospital, while Miguel Alcopera was also wounded. Procedural History: An information for murder with frustrated murder was filed against several accused, including Jesus "Bebe" Comaling, Timoteo Alabat, and Antonio Amahan. Only Jesus "Bebe" Comaling, Timoteo Alabat, Carlos Relativo, Antonio Amahan, Rufo "Boy" Pangilinan, and Teodulo Abuyas were apprehended and brought to trial. The Regional Trial Court (RTC) found Jesus "Bebe" Comaling, Timoteo Alabat, Antonio Amahan, Rufo (Roco) Pangilinan, Teodulo Abuyas, and Carlos Relativo guilty of multiple murder with frustrated homicide, sentencing each to suffer reclusion perpetua and to pay civil indemnity. Only Jesus "Bebe" Comaling, Timoteo Alabat, and Antonio Amahan appealed the decision. The Petition: The accused-appellants Jesus "Bebe" Comaling, Timoteo Alabat, and Antonio Amahan prayed for the reversal of the RTC decision, arguing that the trial court erred in rejecting their alibis and in finding them guilty beyond reasonable doubt.
Issue(s)
Whether the alibi of the accused-appellants is sufficient to overcome the positive identification by prosecution witnesses. Whether the prosecution sufficiently proved the existence of treachery, evident premeditation, and abuse of superior strength; and whether the accused-appellants acted in conspiracy. Whether the accused-appellants are guilty of murder for the deaths of Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, and Zosimo Ellaga. Whether the accused-appellants are guilty of frustrated murder for the wounds inflicted upon Ceferino Asocinas and Miguel Alcopera, considering Ceferino Asocinas' subsequent death. Whether the penalty imposed by the trial court is correct, including civil indemnity.
Ruling
The appealed decision is modified. Each accused-appellant is found guilty beyond reasonable doubt of five (5) crimes of murder and sentenced to suffer five (5) penalties of reclusion perpetua. Each accused-appellant is also found guilty beyond reasonable doubt of two (2) crimes of frustrated murder and sentenced to an indeterminate penalty of four (4) years, two (2) months, and one (1) day of prision correccional, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. Accused-appellants are ordered to pay the heirs of Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, Zosimo Ellaga, and Ceferino Asocinas, jointly and severally, the amount of P50,000.00 each, and to Miguel Alcopera, the amount of P20,000.00, likewise jointly and severally, as civil indemnity, without subsidiary imprisonment in case of insolvency.
Ratio Decidendi
On the issue of alibi: The Court held that alibi is one of the weakest defenses and requires proof that the accused was not only elsewhere but that it was physically impossible for him to be at the scene of the crime. In this case, the accused-appellants admitted to being only 1.5 to 3 kilometers away from the ambush site, making it physically possible for them to have been present. Furthermore, alibi cannot prevail over the positive identification by at least four prosecution witnesses who recognized the accused-appellants as their neighbors and known since childhood. The Court found no ill motive for these witnesses to falsely impute the crime to the accused-appellants, thus giving their testimony utmost evidentiary weight. On the qualifying circumstances of treachery, evident premeditation, and abuse of superior strength; and on the issue of conspiracy: The Court found that treachery was clearly established. The accused-appellants and their cohorts waited in ambush from an elevated position, fully armed, while the victims were unarmed and unaware of the impending danger. The attack was sudden and without warning, employing means that directly tended to insure the execution of the crime without risk to the offenders. While evident premeditation was alleged in the information, the Court focused on treachery as the qualifying circumstance. The concerted action of the armed group also demonstrated conspiracy and the use of superior strength. The Court ruled that conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy may be deduced from the mode and manner in which the offense was committed, and the concerted acts of the accused to obtain a common criminal objective signify conspiracy. In this case, the ambush from an elevated position, the simultaneous firing by the armed group at the unarmed victims, and the unity of purpose clearly indicated conspiracy among the accused-appellants and their cohorts. On the number of crimes committed and the appropriate penalties for the deaths of Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, and Zosimo Ellaga: The Court held that when accused-appellants acted in conspiracy and with treachery, each is guilty of as many separate crimes of murder as there are victims killed. Five persons were killed for which murder was charged in the information: Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, and Zosimo Ellaga. For the five murders, the penalty is reclusion perpetua. On the number of crimes committed and the appropriate penalties for the frustrated murders of Ceferino Asocinas and Miguel Alcopera: The Court held that when accused-appellants acted in conspiracy and with treachery, each is guilty of as many separate crimes of murder as there are victims killed. Ceferino Asocinas died after the information was filed. The Court noted that the prosecution could have amended the information to allege the supervening death of Ceferino Asocinas but failed to do so. Therefore, the accused-appellants could only be convicted of frustrated murder for Ceferino Asocinas, not murder. For the two frustrated murders (Ceferino Asocinas and Miguel Alcopera), the penalty is the indeterminate sentence next lower in degree, which is four (4) years, two (2) months, and one (1) day of prision correccional, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. On civil indemnity: The Court affirmed the award of P50,000.00 civil indemnity to the heirs of each of the six deceased victims (Angel Ellaga, Alejandro Camahalan, Cesario Davis, Gildo Doguitom, Zosimo Ellaga, and Ceferino Asocinas). For Miguel Alcopera, who was wounded but survived, the Court awarded P20,000.00 as civil indemnity. The Court also reiterated that there should be no subsidiary imprisonment in case of insolvency.
Main Doctrine
Alibi cannot prevail over positive identification by credible witnesses. Conspiracy can be inferred from the concerted acts of the accused. Treachery is present when the attack is sudden and unexpected, insuring execution without risk to the offenders. The penalty for murder is reclusion perpetua, and for frustrated murder, the indeterminate penalty next lower in degree. Civil indemnity for death is P50,000.00.