G.R. No. 114003-06 - People vs. Violin

On 1 January 1986, Dioscoro Astorga Jr. was killed and his brother Darmo Astorga sustained injuries in Barangay San Jose on the island of Daram, Samar.
Prior to the killing, on 31 December 1985, the Astorga brothers were at the house of their sister in Barangay MuAoz, Catbalogan, accompanied by other relatives and friends.
Dioscoro Astorga Jr. served as the Commander of the Police Station of Daram and was being groomed for political leadership, while their father was the incumbent mayor.

Two informations were filed in the Regional Trial Court of Catbalogan, Samar, charging Antonio Violin, Eutiquio Cherriguene, Cesar Allego, Remegio Yazar, and two unidentified persons with murder (for the killing of Dioscoro Astorga Jr.) and frustrated murder (for wounding Darmo Astorga).
Subsequent charges against two additional individuals, Catalino Figueroa (Cata Doe) and Miguel Figueroa (Peter Doe), were filed on 21 September 1989 in connection with the same incident.
Four criminal cases (Crim. Case Nos. 3030, 3031, 3186, and 3187) were jointly tried, with all accused except Cesar Allego (who remained at large) pleading not guilty.

The Astorga brothers, along with Dolores Bolos Astorga and Benito Astorga, were together when Cesar Allego, the Punong Barangay of San Jose, Daram, arrived seeking help to resolve a dispute with Mrs. Agas.
Dioscoro Astorga Jr. agreed to assist, on the condition that he be taken back to Catbalogan that same night.
The group embarked on a motorboat owned by Antonio Violin, who was accompanied by Eutiquio Cherriguene and Remegio Yazar.

Allego separated from the Astorgas to handle a personal errand and to attend a public dance later that evening.
Violin disembarked at Barangay Pait and later was expected to meet Allego at the dance.
The group stopped by Allego’s house, where plans were made to convene for the dance later on.

At about 4:00 a.m., Allego roused Dioscoro Jr. and Darmo Astorga for food and liquor.
While the others were drinking, a conflict ensued when Dioscoro Jr. went outside to relieve himself, following Allego’s instruction to use the area outside the comfort room.
Suddenly, gunshots were fired by Antonio Violin, Eutiquio Cherriguene, and Remegio Yazar.
Dioscoro Astorga Jr. was fatally wounded after being shot while his brother Darmo heard the shots.
Darmo, upon hearing the shots, tried to seek cover and ended up crawling under a table in the kitchen, where he witnessed Violin firing and heard distinct utterances from the assailants.

While hiding under a table measuring approximately three feet wide, seven feet long, and two feet four-and-a-half inches high, Darmo Astorga observed:

Antonio Violin firing at his brother while uttering that a fifty thousand pesos payment ("singkwenta mil pesos") had been made by “Cata.”
Remegio Yazar also firing and shouting political remarks regarding opposition to the Figueroas.
Eutiquio Cherriguene, positioned outside the kitchen window, firing his weapon as well.

After the attackers left in the direction of the coconut trees, Darmo discovered his brother’s lifeless body and subsequently attempted to locate his brother’s firearm.
The scene was later attended by local residents; Darmo was assisted by a barangay councilor and taken to Catbalogan, where he informed relatives and sought medical assistance.
An autopsy by Dr. Honorata L. Gabon confirmed the cause of death as cardiorespiratory failure secondary to severe hemorrhage due to multiple gunshot wounds.

The victim was poised to succeed his father as mayor.
The ex-mayor Miguel Figueroa was planning a political comeback, with the accused being his ardent followers or employees.
Cesar Allego was connected to Vice-Mayoralty candidate Emilio Allego, aligning with the Figueroa political ticket.

The prosecution presented testimonies from Mateo Villaganes and Nestor Pahayahay suggesting that hitmen had been approached by Miguel and Catalino Figueroa to contract the murder of Dioscoro Astorga Jr.

Remegio Yazar claimed to have been in Manila from 23 December 1985 to early February 1986.
Eutiquio Cherriguene testified that he was attending a birthday celebration from 31 December 1985 until 5:00 a.m. on 1 January 1986.
Antonio Violin maintained that he had disembarked at Barangay Pait on 31 December 1985 and spent the night there, learning of the murder only when visited by Cesar Allego the following morning.

The defense argued that the eyewitness account of Darmo Astorga could have been flawed due to alleged intoxication and the physical difficulty of hiding under a small table, thereby questioning the accuracy of his identification of the assailants.
The court, however, noted that alibi is traditionally regarded as the weakest of all defenses and held that the eyewitness identification, despite being uncorroborated, was clear and positive.

Whether Darmo Astorga’s detailed and vivid account of the incident is sufficient to establish the identification of the accused.
Whether the alleged physical limitations caused by hiding under a small table could undermine the accuracy of his perception of the assailants and their actions.

Whether the accused-appellants’ alibi testimonies, which were self-serving and inconsistent with the eyewitness account, could be given probative value.
The inherent tension between alibi defenses and the weight given to a direct eyewitness identification under life-threatening circumstances.

Whether the killing of Dioscoro Astorga Jr. was committed with treachery, and if additional aggravating factors such as craft and abuse of superior strength should be considered independently.
Whether the wounding of Darmo Astorga constitutes frustrated murder or should be characterized as slight physical injuries based on the severity of the injury sustained.