Facts:
On December 24, 1991 at about 5:30 p.m., at the carnival grounds (peryahan) on A.B. Fernandez Street, Dagupan City,
Rodrigo Alvendo (twenty-one years old) was with his brother
Rogelio Alvendo (seventeen years old) and their cousin
Vicente Alvendo (seventeen years old), betting on the
rollets (running light game).
Rogelio, while talking with a lady/attendant in the game, was approached by
Ronald Estorco y de Luna, who told him that talking with the lady was prohibited. The lady allegedly answered that it was not prohibited, so Rogelio continued talking. Estorco then became angry, drew a
fan knife, and intimidated the group of Rogelio. Estorco called a companion and both threatened Rogelio; after which, Estorco left. A few minutes later, Estorco returned with two more companions. One companion
boxed Rodrigo, and
Butch Ballesteros stabbed Rodrigo. Estorco’s group then converged on Rodrigo. Rogelio testified that he could not do anything because Estorco was holding his arm and poking a fan knife at him. When Rodrigo eventually freed himself from the group, he ran; Rogelio also extricated himself. However, as Rogelio followed, Rodrigo fell, and when Rogelio touched his brother’s pulse it was no longer beating. Rogelio then ran to the police station and reported that his brother had been stabbed. Three policemen went with him to the place; upon seeing that Estorco was still standing, Rogelio pointed to him, leading to Estorco’s apprehension. Rodrigo was brought to the hospital but was pronounced dead on arrival. In an amended information,
Ronald Estorco y de Luna (with
Butch Ballesteros,
Henry Juguilon y Narvasa, and
Peter Doe who were at large) was charged with
murder under
Article 248 of the Revised Penal Code, alleged to have been committed with
treachery,
abuse of superior strength, and intent to kill, with the victim’s death attributed to
cardio respiratory arrest,
massive intrathoracic and intra-abdominal hemorrhage, and
multiple stab wounds as reflected in the autopsy conducted by Dr. Tomas G. Cornel. Estorco pleaded
not guilty and interposed
alibi, testifying that he was a show boy who, at around 5:00 p.m., was buying fish and firewood for his employer and only later returned to the carnival ground. He was corroborated by defense witnesses including co-workers who claimed he was not in the carnival ground at 5:30 p.m. Despite the alibi, the Regional Trial Court of Dagupan City, Branch 44, in Crim. Case No. D-10756, found Estorco guilty beyond reasonable doubt as principal of murder qualified by treachery and, considering aggravating circumstances of
superior strength and
cruelty, sentenced him to
reclusion perpetua, with damages and attorneys’ fees as stated in the dispositive portion. Estorco appealed, challenging the sufficiency of the evidence for murder as principal, the credibility and consistency of prosecution witnesses, the rejection of defense witnesses and alibi, and the consideration of aggravating circumstances.
Issues:
Whether the evidence established beyond reasonable doubt that
Ronald Estorco y de Luna was guilty beyond reasonable doubt as principal of
murder, and whether the trial court properly appreciated the qualifying and aggravating circumstances of
treachery,
abuse of superior strength, and
cruelty, in light of the defense’s contentions.
Ruling:
Ratio:
Doctrine: