G.R. No. 134505 - People vs. Go-od

On or about May 8, 1991, at approximately 5:30 in the afternoon, a violent attack occurred at the boundary of Barangays OsmeAa and Cadulawan in the Municipality of Cataingan, Masbate.
The incident involved a coordinated assault on Aladino Ygot by a group of accused individuals.

The accused-appellant, Nestor Go-od, together with his father Alejandro Go-od, his cousins Sancho and Empe Go-od, and his younger brother Rufo Go-od, were charged with murder.
An information dated August 9, 1991, alleged that the accused, acting in concert with treachery, evident premeditation, and a common design, attacked and fatally wounded Aladino Ygot.
Only Nestor and Alejandro were arraigned on October 9, 1991, as the other accused remained at large; Alejandro later died in detention in 1997.

The prosecution’s evidence described how the accused emerged from banana plants and ganged up on the victim near Leoncia Susonas’ residence.
The assailants wielded bolos, with Alejandro also using a spear, and attacked the victim by hacking and stabbing him multiple times, resulting in fifteen distinct wounds as corroborated by the post-mortem examination report.
Eyewitnesses (Anecia Monsalud and Gaudioso Suson) testified that the attackers behaved in a synchronized and concerted manner, evidencing the presence of a criminal conspiracy.

Anecia Monsalud testified in detail regarding the sudden and coordinated attack, identifying both Alejandro and Nestor Go-od as participants.
Gaudioso Suson provided complementary testimony, noting that he was gathering tuba atop a coconut tree when he observed the group attack from a distance of about fifty meters.

The autopsy detailed fifteen wounds inflicted by sharp instruments, consistent with the multiple weapons (bolos, spear, knife) reportedly used by the assailants.
The nature of the wounds supported the contention that more than one person was involved in the attack.

Nestor Go-od, assisted by counsel, denied participation or direct responsibility in the killing.
He claimed that during the assault, the victim, while defending himself, managed to wrest a bolo from him, injuring him and thereby incapacitating his participation—evidence of which was his subsequent hospitalization for two weeks.

The trial court found Nestor Go-od guilty beyond reasonable doubt of murder, relying heavily on the clear and positive identification made by the eyewitnesses and the corroborative post-mortem evidence.
It was determined that the manner of the attack—characterized by sudden, deliberate, coordinated action—established a criminal conspiracy among the accused.
Nestor Go-od was sentenced to reclusion perpetua (the medium period of the imposable penalty for murder) and ordered to pay:

On appeal, adjustments were made regarding the civil liabilities—specifically, the exemplary damages were deleted, and the award for loss of earning capacity was recalculated to P792,000.

Whether the appellate court was correct in finding that the guilt of Nestor Go-od was established beyond reasonable doubt despite his claim of non-participation.
Whether the positive identification by eyewitnesses sufficed to overcome his defense that he was merely injured and unable to continue his participation in the crime.

Whether the trial court properly evaluated the aggravating circumstances, particularly treachery versus abuse of superior strength and evident premeditation.
Whether the absence of premeditation evidence (as alleged by the accused) should mitigate the charge of murder or affect the imposition of harsher penalties.

Whether the award for loss of net earning capacity should be recalculated as accomplished by the appellate decision.
The propriety of awarding moral damages and the validity of the exemplary damages, given the absence of independently supported aggravating circumstances for the latter.