Case Digest (G.R. No. 120956)
Facts:
The case at hand involves the People of the Philippines vs. Domingo Moreno, Felix Moreno, Roberto Moreno, and Marcos Moreno (G.R. No. 120956), where the accused were charged with murder. The incident occurred on August 6, 1989, in Sitio Seoli, Barangay San Jose, Mauban, Quezon. The Morenos were accused of conspiring to kill Leonardo Balauro with treachery, evident premeditation, and use of superior strength.
Domingo Moreno admitted to hacking Leonardo but maintained that he acted in self-defense, while Felix, Roberto, and Marcos claimed alibi. Domingo and his wife, Consuelo, were drinking with Leonardo, his wife Erlina, and others on the night prior to the killing. After a confrontation between Leonardo and Domingo during which Domingo was injured, the Morenos armed themselves with various weapons and attacked Leonardo at his home, resulting in his death.
The Regional Trial Court found all the accused guilty beyond reasonable doubt of murder, sentencing Domingo and Felix to 17
Case Digest (G.R. No. 120956)
Facts:
- Parties and Charges
- The accused are Domingo Moreno, his wife Consuelo, and their children Felix, Roberto, Marcos, and Angel.
- They were charged with murder committed in conspiracy with added qualifiers such as treachery, evident premeditation, and use of superior strength.
- Marcos Moreno, one of the accused, escaped detention after arraignment and was tried in absentia.
- Sequence of Events Leading to the Crime
- On the evening of August 5, 1989, a drinking spree was held at the house of Salvacion Camposano in Sitio Seoli, Brgy. San Jose, Mauban, Quezon.
- The participants included Domingo and Consuelo Moreno, Leonardo Balauro and his wife Erlina Balauro, and several Almirez family members.
- The revelry lasted into the early morning of the following day.
- At about 1:00 in the morning of August 6, 1989, an incident occurred when Consuelo Moreno, returning from accompanying her sister-in-law Erlina Balauro to her house, encountered an inebriated Leonardo Balauro.
- Leonardo’s accidental bump was interpreted by Consuelo as an assault or molestation.
- Domingo Moreno, responding to his wife’s cry for help, engaged in a physical altercation with Leonardo.
- Commission of the Crime
- After the initial conflict where Domingo sustained a wound from Leonardo, Consuelo and Domingo sought assistance from their children (Roberto, Marcos, Felix, and Angel).
- The Morenos proceeded to the Balauro residence.
- Domingo and Roberto carried bolos; Felix wielded a knife; and Marcos carried a piece of wood.
- They challenged Leonardo, who, when failing to respond, faced an onslaught that included stoning the house and, eventually, a coordinated attack.
- In the violent confrontation, Domingo, together with Roberto, Felix, and Marcos, stabbed, hacked, and beat Leonardo to death using several weapons.
- Evidence on the Nature of the Injuries
- The medico-legal report by Dr. Victorino Q. AraAa showed the victim sustained multiple types of wounds:
- One stab wound
- Four hacking wounds
- Three incised wounds
- One lacerated wound
- Admission of beating with a piece of wood
- The multiplicity and variety of wounds indicated an attack by several assailants with different weapons.
- Testimonies and Inconsistencies
- Testimonies of prosecution witnesses Erlina Balauro, Genalyn Balauro, and Romeo Pulgo were given full credence.
- The accused attempted to present an alibi:
- Felix, Roberto, and Marcos claimed they were at home; however, the trial court rejected this alibi in view of inconsistent testimonies.
- Domingo Moreno claimed self-defense, arguing that he acted to protect himself; however, the evidence showed that the threat had ceased when Leonardo had left the initial fight.
- The testimonies of the accused, particularly that of Felix and Roberto, contained glaring inconsistencies regarding the events and the whereabouts of various family members, which weakened their credibility.
- Trial Court and Appellate Proceedings
- The Regional Trial Court found Hubert, Domingo, Felix, Marcos, and Roberto Moreno guilty of murder.
- Consuelo and Angel Moreno were acquitted for insufficiency of evidence.
- The trial court ordered the wrong penalty for some of the accused.
- The Court of Appeals affirmed the conviction for murder but disagreed with the trial court’s findings on the qualifying circumstances:
- The appellate court ruled that the killing was qualified by abuse of superior strength rather than treachery or evident premeditation.
- The penalty for Domingo and Felix was modified from reclusion temporal maximum to reclusion perpetua.
- The penalty for Roberto and Marcos was inflected by the mitigating circumstance of voluntary surrender, leading to an indeterminate penalty range.
- The matter of indemnity to the heirs of Leonardo Balauro was also addressed, with the award increased from ₱30,000.00 to ₱50,000.00, in line with settled jurisprudence.
Issues:
- Guilt Beyond Reasonable Doubt
- Whether the prosecution was able to prove beyond reasonable doubt that the accused-appellants participated in the murder.
- The admissibility and credibility of the identification made by prosecution witnesses versus the inconsistent alibi and testimonies of the accused.
- Validity of the Claim of Self-Defense
- Whether Domingo Moreno’s assertion of self-defense was sustainable given the circumstances of the altercation.
- The relevance of the timing of the act (after the cessation of an immediate threat) in negating a valid claim of self-defense.
- Qualification of the Crime
- Whether the killing was committed with treachery and evident premeditation or should be qualified as murder by abuse of superior strength.
- The proper interpretation and application of the elements required to establish evident premeditation, such as the lapse of time for reflection and the presence of a deliberated plan.
- Inconsistencies in the Defense’s Testimonies
- The significance of conflicting testimonies by Felix, Roberto, and Angel Moreno.
- How these inconsistencies undermined the credibility of the alibi presented by the defense.
- Penalty Appropriateness
- Whether reclusion perpetua is the appropriate penalty for Domingo and Felix Moreno, in view of the absence of aggravating or mitigating circumstances.
- The appropriateness of an indeterminate penalty for Roberto and Marcos Moreno, taking into account the mitigating circumstance of voluntary surrender.
- Award of Indemnity
- The correct amount of indemnity to be awarded to the heirs of the victim, considering established case law and previous awards in similar cases.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)