G.R. No. 107698 - Garbo vs. Court of Appeals

On or before May 29, 1955, Francisco Hervas, his wife, and children lived in a house on a piece of land in the barrio of Dagami, Municipality of Maasin, Province of Iloilo.
The property was located adjacent to a cornfield and a neighboring field, setting the stage for the ensuing events.

At about 6:00 in the evening, Francisco Hervas, alerted by noises emanating from his cornfield, proceeded to a nearby batalan to investigate.
While at the batalan, a shotgun unexpectedly exploded from the adjacent field, firing a shot that hit Francisco on the chest, causing him to fall dead.
The next morning, Concepcion Laserna, the widow, sent her eldest child Ofelia to notify nearby relatives, specifically visiting the house of Inocencio Hervas—the accused—when the victim’s brother, Proceso Hervas, was unavailable.

Inocencio Hervas, upon learning of the incident, went to the victim’s house accompanied by three persons to dig a grave a safe distance away and inter Francisco’s body.
No immediate steps were initiated by the family or relatives to investigate the identity of the assailant, leading to a delay in the discovery of the true nature of the crime.

The Philippine Constabulary, upon receiving news of the killing, ordered the exhumation of the deceased’s body.
The exhumation was conducted under the supervision of Sgt. Pelagio Agraviador, along with the Chief of Police, a sanitary inspector, and the municipal mayor.
During the exhumation, it was found that the body bore nine pellet holes, indicating a shotgun was used as the weapon.

Concepcion Laserna (the widow) initially testified before the municipal building on June 13, 1955, identifying Espiridion Alido as the shooter while stating that she could not recognize his companions.
Her daughter, Ofelia Hervas, provided a similar identification. Later, under questioning by the Justice of the Peace, Concepcion reaffirmed her identification but now implicated Inocencio Hervas as the one who fired the fatal shot, while also stating that Marcelo Hervas and Espiridion Alido were present.
Demetrio Hervas, one of the deceased’s sons, corroborated by stating that he witnessed Inocencio Hervas along with his companions near the house at the time of the incident.
Espiridion Alido, having surrendered to the constabulary, submitted an affidavit (Exhibit "C") recounting that on the day of the incident he, Inocencio Hervas, and Marcelo Hervas went to the house of Francisco Hervas equipped respectively with a bolo, a shotgun (paltik), and a rifle. He also noted that he heard a shot, fled, and later heard Inocencio boasting that the victim was dead.
In subsequent investigations, discrepancies in the witnesses’ statements were noted, particularly the explanation that Concepcion Laserna, when initially testifying, was under the influence of fear from Inocencio Hervas, which affected her identification of the assailants.

Inocencio Hervas, who was a first cousin of the deceased, along with Marcelo Hervas, were accused-appellants charged with murder; their actions before, during, and after the incident—including the prompt burial and subsequent concealment efforts (such as advising the widow to assert a bolo wound as the cause of death)—raised suspicions of a guilty conscience.
Marcelo Hervas, also serving as the barrio lieutenant, was noted to have been absent when notified of the incident and failed to promptly report the crime, suggesting a deliberate attempt to evade accountability.
Espiridion Alido, though similarly implicated, did not appeal the decision and his confession was only partially admissible, particularly excluding any direct evidence against the other accused regarding premeditation.

Whether the evidence presented, including witness identifications and physical evidence (notably the presence of nine pellet holes), was sufficient to establish that Inocencio Hervas and Marcelo Hervas participated in the murder of Francisco Hervas.
Whether the evidentiary discrepancies, particularly the variations in the widow’s statements due to alleged influence and fear, mitigate or confirm the culpability of the accused.

The credibility of the testimonies given by Concepcion Laserna, her daughter Ofelia, and Demetrio Hervas, and how their accounts interlock to identify the assailants despite initial inconsistencies.
The impact of the testimony of the Philippine Constabulary investigator, Sgt. Pelagio Agraviador, regarding the behavior of Concepcion Laserna during questioning, and the manner in which it underscored the influence of Inocencio Hervas on her statements.

Whether the killing qualified as murder under the circumstance of alevosity—given the unexpected nature of the attack—and whether there was evidence sufficient to impose the aggravating circumstance of evident premeditation.
The admissibility and weight of Espiridion Alido’s confession (Exhibit "C") in establishing premeditation against Inocencio and Marcelo Hervas.