People v. Apelado
REITERATIONFacts
The Antecedents: On November 16, 1989, at around 11:30 P.M., in Barangay Quirino, Solano, Nueva Vizcaya, the victim, Rodolfo de Jesus, was walking when overtaken by Jose Apelado, German Bacani, and Robert Bacani. German Bacani blocked the victim's path, and when the victim inquired about his fault, German hit his legs with a piece of wood, causing him to fall. The three then surrounded the victim. German stabbed him at the legs and throat, Apelado hacked him with a bolo on the head and nape, and Robert thrust an ice pick at his back and side. The assailants fled, leaving the victim on the ground. Luzviminda Padua and Joseph Quidayan witnessed the incident from different vantage points. Dr. Rexinor Agtarap conducted the autopsy, finding four fatal wounds. Procedural History: Jose Apelado and German Bacani were arrested, while Robert Bacani remained at large. The accused-appellants interposed the defenses of denial and alibi. On September 7, 1993, the Regional Trial Court (RTC), Branch 27, Bayombong, Nueva Vizcaya, convicted Jose Apelado and German Bacani of murder. The RTC found conspiracy among the assailants but ruled out treachery and evident premeditation. German Bacani, being seventeen years old, was sentenced with a penalty one degree lower. The RTC also awarded actual, civil, moral, and exemplary damages. The Petition: Accused-appellants Jose Apelado and German Bacani appealed the RTC decision, contending that the lower court erred in giving full credence to the prosecution witnesses and that its findings were not supported by the facts and evidence.
Issue(s)
Whether the trial court erred in giving full credence to the testimonies of the prosecution witnesses. Whether the findings and conclusions of the trial court are supported by the facts and evidence. Whether conspiracy was established beyond reasonable doubt. Whether treachery and evident premeditation were present. Whether abuse of superior strength was present. Whether the minority of German Bacani should be considered a mitigating circumstance. Whether the award of damages was proper.
Ruling
The appeal is without merit. The Supreme Court affirmed the conviction of Jose Apelado and German Bacani for murder, but deleted the awards for actual, moral, and exemplary damages. Accused-appellant German Bacani was sentenced to an indeterminate penalty of 12 years of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum.
Ratio Decidendi
On the credibility of prosecution witnesses: The Supreme Court held that the credibility of witnesses is primarily for the trial court to determine, as it had the opportunity to observe their demeanor. The Court found no reason to overturn the trial court's findings, noting that minor inconsistencies in testimonies do not diminish their value. The Court clarified the testimonies of Luzviminda Padua regarding the victim's urination and the simultaneity of the attack, finding her explanations plausible. The relationship of Padua to the victim as a laundry woman was deemed not to erode her credibility, as such relationships can even make testimonies more believable. The Court also found Joseph Quidayan's testimony credible, noting his candidness in admitting he did not see the entire incident, which explained why he did not testify on the participation of all accused. On the findings and conclusions of the trial court: The Supreme Court found that the post-mortem findings of the medical examiner supported the testimonies of the prosecution witnesses, as the characteristics of the wounds indicated the use of different instruments. The Court also found that the positive identification of the accused-appellants by credible witnesses rendered their defense of alibi unavailing, especially since they failed to prove the physical impossibility of their presence at the crime scene. The proximity of their residences to the scene of the crime further weakened their alibi. On conspiracy: The Supreme Court affirmed the trial court's finding of conspiracy, stating that it is established when two or more persons agree to commit a felony and decide to commit it. Proof of a previous agreement is not essential; the form and manner of the attack, showing unity of action and purpose, are sufficient. The Court found that the assailants' actions of following, overtaking, surrounding, and taking turns in inflicting injuries clearly demonstrated a common purpose. On treachery and evident premeditation: The Court ruled that treachery was absent because the accused-appellants were not entirely risk-free during the attack, as the victim had prepared to fight. Evident premeditation was also not appreciated due to the lack of evidence that the accused-appellants had preconceived the crime. On abuse of superior strength: The Supreme Court appreciated the circumstance of abuse of superior strength, defining it as the purposeful use of excessive force disproportionate to the victim's means of defense. In this case, the armed assailants first incapacitated the unarmed victim by hitting his legs, causing him to fall, before inflicting mortal wounds. This deprivation of the victim's ability to defend himself or escape was considered an abuse of superior strength. On the minority of German Bacani: The Court recognized German Bacani's minority as a privileged mitigating circumstance under Article 68 of the Revised Penal Code, as he was seventeen years old at the time of the crime. Consequently, the penalty imposed upon him was one degree lower than that prescribed for murder, and his sentence was adjusted accordingly under the Indeterminate Sentence Law. On the award of damages: The Supreme Court deleted the awards for actual, moral, and exemplary damages. Actual damages require proof of expenses incurred, which was not presented. Moral damages cannot be left to speculation. Exemplary damages are awarded only when the crime is committed with aggravating circumstances, which were absent in this case.
Main Doctrine
Conspiracy was established by the form and manner of the attack, showing unity of action and purpose. Abuse of superior strength was appreciated as the unarmed victim was overwhelmed by armed assailants. Treachery and evident premeditation were not appreciated due to the victim's awareness of the assault and lack of proof of prior planning, respectively. Minority is a mitigating circumstance for an accused who was seventeen years old at the time of the commission of the crime. Awards for actual, moral, and exemplary damages were deleted due to lack of proof or absence of aggravating circumstances.