G.R. No. 136143 - People vs. Cabote

The incident occurred on the moonlit night of November 12, 1995, in the Municipality of Maco, Davao.
The accused, Agapito Cabote (also known as "Pito"), allegedly killed his rival, Ramil Tero, by hacking him with a scythe.
An information charging murder was filed on June 4, 1996, alleging treachery and evident premeditation in the killing.

Preceding the killing, Cabote had previously issued a threat to Tero, warning him to stop visiting Jessa Ramos, who was being courted by Cabote despite his marital ties to Avenido’s sister.
On November 2, 1995, Florentino Avenido, a relative by marriage of the accused and later the principal witness for the prosecution, overheard Cabote’s threat against Tero.
Although Avenido attempted to dissuade Cabote from his course of action due to his friendship with Tero, his intervention only fueled Cabote’s irritation.

At around 6:30 p.m., Cabote confides to Avenido that he intended to kill Tero, who was then visiting Jessa Ramos at the home of Analyn Maginsay.
Cabote concealed a scythe beneath his shirt by tucking it into the back of his trousers.
At approximately 9:30 p.m., near a store close to Maginsay’s residence, Cabote encountered Tero.
Accompanied by Tero, with his left arm around the victim’s shoulder, the two proceeded towards Tero’s house and then to an uninhabited area, about 100 meters away from Maginsay’s house.
In that secluded area, Cabote suddenly drew the concealed scythe and hacked Tero, striking his neck and the base of his head, which resulted in Tero’s death.
Avenido, positioned a few meters away, witnessed the incident but chose not to interfere because of his fear for his own safety.
Shortly after, Cabote appeared at Avenido’s house, disclosing that Tero was dead and his clothes were found bloodstained.
Avenido, who was an escaped detainee at the time, initially remained silent due to fear of exposing his fugitive status; however, he eventually reported the crime after being rearrested on May 3, 1996.

Florentino Avenido testified in detail about the events, including his observations of Cabote’s actions and attire (bloodstained clothes and scythe).
Dr. Maria Rena Rimando, Municipal Health Officer, testified regarding the autopsy of Tero, noting ten hack wounds—with fatal wounds on the head and neck—and attributing the cause of death to shock from multiple injuries.
The accused, Cabote, denied the allegations, asserting that on the night of the killing he was at home taking care of his sick child and that Avenido had entered his residence seeking refuge, which led to a confrontation.
Elena Cabote, the wife of the accused, also testified. She recounted that Avenido arrived at their home bloodstained and armed with a scythe, claiming responsibility for Tero’s death motivated by a personal rivalry.
Elena’s testimony included details about the tumult at the entrance of their house, the subsequent physical altercation when Cabote denied Avenido entry, and later, threats allegedly made by Avenido regarding harming the family should they disclose the incident.
The trial court eventually gave credence to Avenido’s testimony despite it being uncorroborated by other independent witnesses, leading to Cabote’s conviction for murder.

The trial court found Agapito Cabote guilty beyond reasonable doubt of murder under Article 248 of the Revised Penal Code (amended by RA 7659), sentencing him to reclusion perpetua.
The court ordered Cabote to pay civil indemnity to the victim’s heirs amounting to ₱50,000, along with an award of moral damages initially set at ₱20,000.
The accused, on appeal, contested the weight given to Avenido’s lone testimony and argued that the delay in reporting and certain incongruities in the evidence rendered the testimony unreliable.

Whether the trial court erred in giving weight and credence to the testimony of Florentino Avenido, the lone eyewitness, despite the lack of corroboration by other witnesses.
Whether a lone eyewitness testimony, if delivered in a straightforward and spontaneous manner under conditions such as moonlit illumination, is sufficient to establish guilt beyond reasonable doubt.

Whether Cabote’s method of killing, which involved a sudden, treacherous attack using a concealed scythe, qualifies as murder under the circumstances specified in Article 248 of the Revised Penal Code.
Whether the conduct of the accused displays evident premeditation as an aggravating circumstance, given the time lapse between his expressed intent and the execution of the act.

Whether the six-month delay by Avenido in reporting the killing to the authorities adversely affected the credibility of his testimony.
Whether the delay could have been reasonably attributed to his status as a fugitive and natural reticence, thereby not undermining the probative value of his evidence.

Whether the award of moral damages should be increased from ₱20,000 to ₱50,000 in light of the inherent emotional suffering inflicted upon the victim’s heirs following a violent death.