Case Digest (G.R. No. 137989)
Facts:
People of the Philippines v. Sonny Mationg, Alcede Mationg, and Antonio Alfaro, G.R. No. 137989, March 27, 2001, Supreme Court En Banc, Davide Jr., C.J., writing for the Court. The case arose from Criminal Case No. 4419 tried before the Regional Trial Court, Kalibo, Aklan, Branch 2 (Presiding Judge Tomas R. Romaquin), which on November 27, 1998 convicted the three accused of murder and sentenced each to death; the matter reached the Supreme Court on automatic review under Article 47 of the Revised Penal Code as amended by Section 22 of Republic Act No. 7659.The information charged that on the evening of December 19, 1994 in Barangay Polocate, Banga, Aklan the accused, “with intent to kill, with treachery, evident premeditation, use of superior strength and availing of nighttime, conspiring, aiding and helping one another,” hacked to death Marcelino Isturis with multiple deep hacking and stab wounds as set forth in the post-mortem report. Prosecution witnesses included Dr. Eva Rasco (municipal health officer/autopsy), SPO1 Jose Joy del Rosario, and eyewitnesses Teresito Relimbo and Roberto Ricaforte; Dr. Rasco testified to 37 clean-cut wounds and that several deep hacking wounds to the head were fatal.
Teresito testified that at about 9:00 P.M. he saw SONNY, ALCEDE and ANTONIO hacking a man lying on the ground and that five minutes later the three fled together; he claimed he hid while observing and later executed an affidavit. Roberto testified he saw SONNY and ALCEDE pass his gate around 8:30 P.M., heard a thud, went toward the feeder road and, at about forty meters, saw a person being “boloed” by SONNY and ALCEDE; the next day he learned the victim was his friend Marcelino. Police investigators reported to the scene; initial investigation yielded negative results until the witnesses came forward.
The accused offered denial and alibi defenses and presented several alibi witnesses who claimed the accused were elsewhere that evening or staying at work sites or other residences. The trial court nonetheless credited Teresito’s and Roberto’s testimonies as positive and unrehearsed, found conspiracy and the qualifying/aggravating circumstances (abuse of superior strength, uninhabited place, nocturnity) proven, and convicted all three of murder, imposed the death penalty under Article 248 as amended by R.A. 7659, and awarded P50,000 indemnity, P35,250 actual damages, and P832,580 lost earnings.
On appeal before the Supreme Court (automatic review), the accused filed a single assignment of error contesting the trial court’s a...(Pro-only)
Issues:
- Did the trial court err in crediting the prosecution witnesses and convicting the accused, considering alleged inconsistencies and that the judge who rendered judgment did not personally hear some witnesses?
- Is Antonio Alfaro criminally liable as a principal in the killing of Marcelino Isturis?
- Were the qualifying circumstances (treachery, evident premeditation, abuse of superior strength) or the aggravating circumstances (uninhabited place and nocturnity) proven to elevate the crime to murder rather than homicide?
- Were the awards for actual da...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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