G.R. No. L-49808 - People vs. Aquino

The accused—Arnulfo Aquino, Alfredo Posadas, Jr., Julio Gumban, and Jeffrey Montano—were charged with the crime of “Murder with Rape.”
The charge alleged that on or about December 9, 1972 (with the prosecution later detailing events on December 19, 1972), the accused, armed with a rifle and boloes and acting in concert, attacked and brutally assaulted Mrs. Inocencia M. Tiaga.
The assault included multiple violent acts: stabbing, hacking, striking, and other forms of physical injury, which culminated in inflicting fatal wounds.
The crime was described as having been committed with evident premeditation, treachery, and by a band, thereby justifying the qualification of the offense as murder.

The victim, Inocencia Tiaga, was at her residence in Sitio Hag-it, Balicotok, Ilog, Negros Occidental when the assault occurred.
According to the prosecution’s narrative:

The victim was awakened at midnight by unusual noises and the barking of a dog.
After tentative attempts at communication, the accused forcibly entered the house, overwhelmed the victim, and dragged her away.
The victim pleaded with her captors, but was met with violence—Arnulfo Aquino reportedly struck her with the butt of his rifle.
Subsequent acts included the destruction of property and even the killing of animals, underscoring the chaotic and brutal nature of the incident.

The next day, the victim was found dead in a camote patch with grievous injuries, confirming the fatal outcome.

The Circuit Criminal Court in Bacolod City rendered judgment on December 15, 1978.
All four accused were found guilty beyond reasonable doubt of murder as principals by direct participation, based largely on positive identification and prevailing circumstantial evidence.
Despite being charged with rape, the accused were acquitted on that count due to reasonable doubt.
The trial court imposed the death penalty, citing the presence of aggravating circumstances—such as treachery, evident premeditation, and the manner of commission—in the absence of any mitigating factors.

The case was automatically reviewed by the higher court due to the imposition of the death penalty.
In compliance with the 1987 Constitution abolishing the death penalty, the sentence was automatically commuted to reclusion perpetua.
Subsequent procedural steps included:

Accused-appellant Julio Gumban’s withdrawal from the appeal, resulting in his case being remanded to the trial court.
Accused-appellant Arnulfo Aquino’s failure to file a required statement, which led to the dismissal of his appeal.
The review proceeded solely with respect to appellants Jeffrey Montano and Alfredo Posadas, Jr.

The evidence on record, including witness testimonies and affidavits, revealed a detailed sequence of events that corroborated the prosecution’s account while undermining the collective alibi presented by the accused.

Relied on multiple witnesses, including a police sergeant, family members, and forensic testimony.
Emphasized the accused’s coordinated actions and the violent, unexpected nature of the attack.

Centered on an alibi, claiming that the accused were at a ranch, approximately two kilometers away, engaged in conversation and playing cards at the time of the crime.
This alibi was found to be self-serving and was discounted in favor of the direct testimony from neutral or government witnesses.

Among the issues was whether the alleged evidence of evident premeditation—which was largely drawn from inferences and an affidavit that was later repudiated by its own testifying witness—was sufficient to qualify the offense as murder.
Despite these evidentiary disputes, the presence of treachery and the concerted nature of the attack were clearly established and accepted by the trial court.

Whether the trial court erred in finding all the accused guilty as principals by direct participation in the killing.
Whether the imposition of the death penalty was proper given that the alleged qualifying circumstance of evident premeditation was based on inferences rather than direct evidence.
Whether the evidence presented was sufficient to establish the presence of conspiracy and unity of design among the accused.
Whether the defense’s alibi evidence, although presented collectively by the accused, was improperly discounted in favor of the prosecution’s evidence.
How the constitutional abolition of the death penalty under the 1987 Constitution affected both the penalty imposed and the further proceedings before the appellate court.