G.R. No. 72001 - People vs. Bechayda

Identity of the accused and nature of the appeal
Romeo Bechayda was the accused-appellant.
Bechayda appealed the Regional Trial Court of Legazpi City, Branch X decision dated June 28, 1985.
The Regional Trial Court convicted Bechayda of the crime of murder, four (4) counts, instead of robbery with homicide, after it discounted robbery for lack of sufficient proof.
Bechayda claimed that reasonable doubt existed in his favor.

RTC disposition and penalty
The dispositive portion of the RTC decision stated that Bechayda was convinced beyond doubt of his guilt of the crime of murder, four (4) counts.
For each count, the RTC sentenced Bechayda to Reclusion Perpetua.
The RTC ordered Bechayda to indemnify the heirs of the four (4) victims in the amount of P25,000.00 each and to pay the costs.

Criminal information and theory of the prosecution at the pleading stage
In Criminal Case No. 2719, the information charged Bechayda with robbery with homicide.
The information alleged that on or about January 6, 1981 at about 8:00 o’clock in the evening at sitio Dinanglayan, Barangay Buhatan, Municipality of Rapu-Rapu, Province of Albay, Bechayda and two other persons, Rodolfo Bilan and Rogelio Vergara, who were still at large, conspired and confederated with treachery and evident premeditation, at nighttime, taking advantage of superior strength, with intent to kill and intent of gain.
The information alleged that Bechayda and his two companions entered the dwelling of Eleuterio Bilon and, once inside, attacked, assaulted, hacked, and stabbed the occupants—Eleuterio Bilon, Maria Escasa, Aurelio Escasa, and Norris Marquez—inflicting mortal wounds resulting in their deaths.
The information further alleged that thereafter Bechayda and his companions took, stole, and carried away cash money and other valuables in the total sum of P2,000.00 owned by Eleuterio Bilon.

Arraignment and plea
Upon arraignment on August 29, 1983, Bechayda entered a plea of not guilty with the assistance of counsel de parte.

Prosecution evidence: antecedent circumstances and attack on the victims
Divina Barcelon testified that on January 6, 1981 at about 5:00 o’clock in the afternoon, she passed by the house of Gomez where she saw Bechayda, Rodolfo Bilan, and Rogelio Vergara armed with bolos and drinking gin.
Divina testified that about half an hour later, she again saw the trio at the same place still drinking.
Jaime Bertis testified that around 8:00 o’clock in the evening on the same date, he went to Eleuterio Bilon’s house to buy cigarettes and saw the same trio drinking in the kitchen.
Bertis testified that Eleuterio Bilon and three other occupants—Maria Escasa, Norris Marquez, and Aurelio Escasa—were already sleeping.
Bertis testified that the kitchen was lighted by illumination from the sala.
Bertis testified that he heard Rodolfo tell his companions he would be the one to kill first.
Bertis testified that Rodolfo then hacked Eleuterio Bilon while Eleuterio was sleeping, and Bertis fled from the place.

Miguel Avila’s observations during the killings
As Bertis ran away, he encountered Miguel Avila who was going to Eleuterio’s house.
Avila testified that he proceeded to the house of Eleuterio to buy cigarettes and arrived when the door was partly open.
Avila testified that from the doorway he saw Eleuterio inside lying down with a wound on the neck.
Avila testified that he saw Maria Escasa weeping while embracing the right leg of Bechayda, and that Bechayda kicked her.
Avila testified that after Maria fell, Bechayda fatally wounded her with a bladed weapon.
Avila testified that Norris Marquez, a ten-year-old boy, woke up beside Maria, embraced her, and while thus embracing her, was hacked to death by Bechayda.
Avila testified that Aurelio Escasa, an old man, came out and was stabbed by Rodolfo on the abdomen.
Avila testified that when he was about to leave, he was seen by a person standing outside the house who called on Bechayda and Rodolfo and informed them of Avila’s presence.
Avila testified that confronted by the group, he explained he was there to buy cigarettes and gin.
Avila testified that he was allowed to leave but warned not to tell anyone what he had seen, otherwise even members of his family would be killed.

Reporting of the incident and subsequent disclosures
Avila testified that he went home to Legazpi City the following day and remained silent about the incident.
Avila testified that on January 8, 1981, two days after the incident, he sent a PLECS message to the Rapu-Rapu Police Station through the Legazpi City Police Station informing them of the incident.
Avila testified that on January 8, he also disclosed the incident to his wife.
Jaime Bertis testified that earlier in the morning of January 8, he informed Divina Barcelon about the incident and revealed who was responsible.
Divina and her group proceeded to Eleuterio’s house; when they arrived, the house was closed with people around it.
Divina testified that members of the Civil Home Defense Force arrived and opened the house.

Police investigation and the condition of the bodies
Sgt. Rolando Victoria, Rapu-Rapu Police Station Commander, upon receipt of the report, organized a team of policemen and dispatched them that day.
Sgt. Victoria followed in the afternoon and conducted the investigation with his men upon arrival.
Sgt. Victoria testified they found the bodies in the house already in the state of decomposition.
Sgt. Victoria testified that photographs of the bodies were taken.

Missing items noticed at the scene
Lourdes Balute, a daughter of Eleuterio, was at the scene and noticed that things in the house were scattered.
Lourdes testified that valuables such as wrist watches, radio, cash, cigarettes, canned goods, rice, and other grocery items were missing.

Autopsy reports and their specific findings
Dr. Erlandino Albaytar, Municipal Health Officer of Rapu-Rapu, Albay, conducted an autopsy on the cadavers of the four victims and issued autopsy reports (Exhs. A, B, C, and D) on the same date.
Autopsy findings for Norris Marquez:

The corpse was already in a state of putrefaction.
There was a hacked wound at the base of the neck, posterior cutting the cervical bones and major blood vessels.
There was a lacerated wound (right leg lateral portion).
Cause of death: acute hypovolimia 20 degrees to hacked wound over the posterior portion of the neck.

The corpse was already in a state of putrefaction.
The head was almost totally severed from the body except for a small strand of skin connecting it.
There was an amputated (left) phalenges middle portion.
There was an amputated right thumb.
Cause of death: acute hypovolimia 20 degrees to hacked wound.

Credibility of prosecution eyewitnesses
Whether the testimonies of the prosecution eyewitnesses were inconsistent with other evidence and contrary to human experience such that they should not have been given credence.

Existence of conspiracy
Whether conspiracy was clearly shown so as to sustain conviction for murder on four counts.

Sufficiency of the alibi and corroboration
Whether the RTC erred in not giving credence to Bechayda’s alibi and denial as allegedly ...(Subscriber-Only)