Case Digest (G.R. No. 140267)
Facts:
People of the Philippines v. Ben Ambrocio, Benigno Ambrocio, Sr., Benigno Ambrocio, Jr. (at large), Joseph Andrade, and Carlito Francisco (at large), G.R. No. 140267, June 29, 2004, Supreme Court Second Division, Quisumbing, J., writing for the Court.The appellants are Ben G. Ambrocio, Benigno L. Ambrocio, Sr., and Joseph P. Andrade; the People of the Philippines is the appellee. Two co-accused, Benigno (Benny) Ambrocio, Jr. and Carlito Francisco, remained at large and their cases were ordered archived pending arrest.
On September 17, 1998 the Provincial Prosecutor of Aklan charged the five with murder for the February 24, 1998 hacking death of Roberto Sanchez in Barangay Dalipdip, Altavas, Aklan. The information enumerated seventeen hack and incised wounds as established in the post-mortem report of Dr. Gliceria A. Sucgang and alleged attendant circumstances including treachery and abuse of superior strength; P50,000 in actual/compensatory damages was claimed by the heirs.
Only three accused were arraigned; Benigno Ambrocio, Sr. and Joseph Andrade pleaded not guilty, while Ben G. Ambrocio pleaded self-defense. At trial the prosecution relied principally on the testimonies of barangay captain Diego Masangya and witness Elienito Gervacio, who recounted that the five accused, armed with bolos and apparently drunk, jumped a bamboo fence, surrounded Masangya and Sanchez and hacked Sanchez repeatedly; Masangya and Gervacio placed the killing at the road/feeder area and observed the accused carry the body to a thicket. The post-mortem showed multiple fatal wounds (notably a deep neck hack) and opined that several bolos could have been used.
The defense offered contrary testimony: appellants said Masangya and Sanchez provoked the confrontation, that Masangya pointed and fired (but the gun jammed) and Sanchez attempted to strike with a bolo, and that Ben acted in self-defense and that others did not participate. Several defense witnesses sought to impeach Elienito’s presence at the scene and corroborated the alleged provocation; Rosita Ambrocio delivered three bullets to the police that she said fell from Masangya’s gun.
The Regional Trial Court, Branch 2, Kalibo, Aklan, by decision dated April 7, 1999, disbelieved the defense, credited the prosecution witnesses as candid and detailed, found conspiracy and treachery (and alternatively abuse of superior strength), and convicted Ben G. Ambrocio, Ben...(Pro-only)
Issues:
- Whether the prosecution proved appellants’ guilt beyond reasonable doubt, including whether Ben G. Ambrocio established self-defense.
- Whether conspiracy existed among the accused in the killing of Roberto Sanchez.
- Whether treachery attended the killing; if not, whether abuse of superior strength is an attendant circumstance that qual...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)