Case Digest (G.R. No. 108611)
Facts:
The case, People of the Philippines vs. Jose Asto, Bienvenido Abagat, Fernando Aquino, Almario Velo, and Eduardo Mariano (at large), G.R. No. 108611, was decided by the Second Division of the Supreme Court on August 20, 1997. The accused, including José Asto, Bienvenido Abagat, and Almario Velo, faced murder charges for the brutal killing of Gerardo Peregrino, a civil engineer, on April 7, 1985, in Barangay Curareng, Alcala, Pangasinan. The prosecution's account primarily came from Almario Nabong, a witness, who testified that Peregrino was lured under the pretense of attending a prayer service. Following a drinking session, tensions rose when Fernando Aquino and Peregrino had a verbal dispute regarding Aquino’s political ambitions. Peregrino and Nabong eventually accompanied others to their drinking locality, where Abagat suddenly attacked Peregrino with a club. The violence escalated with all accused taking turns to beat him, resulting in Peregrino suffering severe injuri
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Case Digest (G.R. No. 108611)
Facts:
- Overview of the Incident
- On April 7, 1985 (Easter Sunday), Gerardo Peregrino, a 35‑year‑old civil engineer, was at his home in Barangay Laoac, Alcala, Pangasinan.
- A group composed of Peregrino, his relative and eyewitness Almario Nabong, and several others—including accused Bienvenido Abagat (also known as Felipe Abagat), Jose Asto, Fernando Aquino, Almario Velo, and Eduardo Mariano (at-large)—were involved in a series of events that culminated in the fatal assault.
- Sequence of Events and Movements
- The day began with the arrival of Almario Velo, Eduardo Mariano, Eduardo Aquino, and a boy (referred to as Ngo Ngoa) at Peregrino’s residence where they invited him to a “padasal” (prayer service) at Inggo Velasco’s house in Barangay Laoac.
- Peregrino, accompanied by Nabong, left with the group around eight o’clock in the morning.
- Upon reaching the dike in Barangay Laoac, the group encountered Fernando Aquino who proposed changing plans from a prayer service to a drinking session at Bienvenido Abagat’s residence in Barangay Olea, Malasiqui.
- After leaving Eduardo Aquino behind, the remaining members reached Abagat’s house at approximately ten in the morning, where the group’s drinking session commenced.
- During the gathering, after ingesting several bottles of gin, a verbal tussle arose between Fernando Aquino and Peregrino, setting the stage for ensuing hostilities.
- The Fatal Assault on Gerardo Peregrino
- After additional movement – including relocation to the house of Abagat’s sister in Barangay Olea and later to Gapoy’s residence in Barangay Curareng – the group’s dynamics grew tense.
- While gathered around a rectangular table sharing beer, positions of the participants were noted:
- Aquino and Gapoy were seated on one end;
- Peregrino and Nabong on the opposite end;
- Abagat and Asto on one side (eastern); and
- Velo and Mariano on the other side (western).
- As Peregrino was about to finish his beer, Abagat suddenly clubbed him with a one‑meter long piece of Ipil‑ipil wood.
- Jose Asto then intervened by taking the club from Abagat and striking Peregrino at the back of the head, causing him to hit a table edge.
- In the ensuing melee, Nabong’s attempt to assist got him struck by Abagat, while Aquino also struck Peregrino. Velo and Mariano continued the assault.
- Nabong later testified that the wood employed was retrieved from a nearby pile of Ipil‑ipil and that Peregrino was left slumped near the table area.
- Fearing further harm, Nabong fled to hide in tall talahib grasses, later fording a river to report the incident.
- Aftermath and Medical Findings
- Approximately thirty minutes after the assault, Modesto (Rudy) Sinampaga, a cousin of Peregrino, informed Lydia Peregrino and her mother Francisca of the incident.
- Francisca confirmed the news by visiting Velo’s residence and later with corroboration by Nabong at the Alcala Police Station.
- The body of Peregrino was located in a tobacco plantation near Gapoy’s house, with minimal signs of a struggle apart from scattered footprints and a small bloodstain near the head area.
- The subsequent autopsy by Dr. Constante F. Parayno determined that Peregrino died of a cerebral hemorrhage secondary to fractures of the frontal bone, parietal bone, and nasal bone, along with various external contusions and lacerations.
- An Information charged the accused with murder, highlighting the specific wounds inflicted and citing elements that did not conform to Article 248 of the Revised Penal Code.
- Pre‑Trial Proceedings and Conflicting Testimonies
- Upon arraignment, Bienvenido Abagat, Jose Asto, Fernando Aquino, and Almario Velo pleaded not guilty; Eduardo Mariano remained at-large.
- During the five‑year trial, multiple versions of the events were presented:
- The prosecution’s case largely relied on the testimony of Almario Nabong, who was closely related to the victim as a second cousin.
- In defense, Abagat’s wife, Leonida, testified an alternative narrative involving an alleged attack by the Astos on Peregrino as the group was returning to Barangay Laoac.
- Jose Asto and Almario Velo provided their own accounts, which diverged substantially from Nabong’s version, with Asto claiming he was merely a bystander alerted by a third party regarding intruders and Velo presenting a version that attempted to shift the blame.
- Trial Court Decision and Appeal
- On July 2, 1992, the Regional Trial Court of Villasis, Pangasinan, Branch 50, convicted all the accused of murder, imposing a penalty of life imprisonment, along with joint and several monetary liabilities to the victim’s heirs.
- The accused (Asto, Velo, and Abagat) appealed on grounds that:
- The sole eyewitness testimony of Nabong was rendered non‑credible by alleged inconsistencies and bias; and
- The defense narratives (including the testimony by Leonida Abagat and Asto’s alternative account) were presented to mitigate their involvement in the conspiracy.
Issues:
- Credibility of the Sole Eyewitness
- Whether Almario Nabong’s testimony, being the only eyewitness account, was reliable despite allegations of inconsistency and his familial relationship with the victim.
- The admissibility and sufficiency of his statements in proving the guilt of the accused beyond reasonable doubt.
- Inconsistencies and Fabrications in the Defense Testimonies
- The veracity of Leonida Abagat’s testimony, which provided an alternative narrative of the events, and whether it was an attempt to shield her husband from criminal liability.
- The contrasting versions provided by Jose Asto and Almario Velo, which diverged from both Nabong’s account and each other.
- Elements Constituting the Crime of Murder
- Whether the coordinated actions of the accused indicate a conspiracy and common purpose in the killing of Peregrino.
- The presence of qualifying circumstances such as treachery and abuse of superior strength during the assault.
- The absence of evident premeditation despite observations of whispered conferences among the accused.
- Appropriate Penal Imposition
- Whether the penalty of life imprisonment, originally imposed by the trial court, should be modified to reclusion perpetua, in accordance with the Revised Penal Code and relevant administrative circulars.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)