Case Digest (G.R. No. 95901)
Case Digest (G.R. No. 95901)
Facts:
People of the Philippines v. Cristito Sibonga, et al., G.R. No. 95901, June 16, 2003, Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The appellants are Antonio B. Sibonga and Cenon S. Bulagao; they were tried with several co-accused (many of whom later withdrew their appeals).On January 30, 1990 an Information charged the appellants and nine others with murder for the December 10, 1989 killing of Gaudioso Kostanilla in Barangay Casala-an, Siaton, Negros Oriental. The Information alleged conspiracy, intent to kill, evident premeditation, treachery and abuse of superior strength, and enumerated multiple stab, hack and gunshot wounds. The accused were arraigned March 8, 1990 and pleaded not guilty.
Prosecution evidence centered on eyewitness testimony of Gaudioso Isugan, who described how members of a local vigilante group called the “Greenan,” led by Juan Veranio, forcibly brought the drunken victim from his home, tied his hands, and then—while Isugan watched—several members, including the appellants, took turns stabbing the victim; Isugan heard a gunshot, later saw the victim’s body carried to and dropped into a precipice, and reported the killing. Police officers later recovered a decomposed cadaver at the bottom of the precipice; the hands were tied and the right eyeball was reported blown out. Pfc. Michael Gadiane made notes and a sketch, and Municipal Health Officer Dr. Mitylene Tan prepared a certification of multiple stab, hack and gunshot wounds based on Gadiane’s notes and sketch; both officers later lost their copies. Several Greenan members, including Cristitoto Marinas, admitted stabbing the victim, while some accused denied participation and claimed they acted only as bystanders.
The Regional Trial Court (RTC), Branch 37, Dumaguete City, rendered judgment on October 12, 1990 finding all accused guilty beyond reasonable doubt of murder qualified by treachery with the aggravating circumstance of cruelty, sentencing them to reclusion perpetua and ordering joint and several civil indemnity of P30,000 to the heirs. The accused appealed to the Supreme Court. While the appeal was pending, most co-accused moved to withdraw their appeals and the Court granted those motions on June 9, 1999; only appellants Antonio Sibonga and Cenon Bulagao pursued their appeals before the Supreme Court.
The issues before the Supreme Court were whether the appellants were criminally liable for the victim’s death and, if so, whether the penalty and civil liabilities imposed by the RTC were proper.
Issues:
- Are appellants Antonio B. Sibonga and Cenon S. Bulagao criminally liable for the death of Gaudioso Kostanilla?
- If liable, is the penalty and the civil liability imposed by the trial court proper?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)