Case Digest (G.R. No. 146367)
Facts:
On September 20, 1984, in the evening, Mandatu Luntayan, Sr. was hacked to death at Barangay Bual Sur, Midsayap, Cotabato by Bonifacio Zamora and four other persons (three as co-principals and one as accessory). Lucila Luntayan (wife) and Mandatu Luntayan, Jr. (son) testified that they saw three assailants, including Zamora, hacking the victim with bolos, and that Zamora also attempted to hack the son when he tried to approach; after Lucila shouted, the assailants fled.Zamora denied participation and invoked alibi, claiming that he was at his brother’s house about 100 meters from the crime scene, listening to a radio program. The Regional Trial Court, Branch 18, of Midsayap, Cotabato convicted Zamora of murder (finding treachery), sentenced him to reclusion perpetua, and ordered indemnity and moral damages.
Issues:
- Whether the evidence of the prosecution was sufficient to prove Zamora’s guilt beyond reasonable doubt for murder.
- Whether the killing was attended by treachery,
Case Digest (G.R. No. 146367)
Facts:
- Charging information and parties
- The case involved People of the Philippines as plaintiff-appellee and Bonifacio Zamora as accused-appellant, together with co-accused Felix Saladar, Julio Alvarino, and Rodolfo Jasa as principals, and Wilfredo Barrios as accessory.
- Asst. Provincial Fiscal Jorge D. Zerrudo filed the Information dated July 8, 1987 before the Regional Trial Court, Branch 18, of Midsayap, Cotabato.
- The Information alleged that on or about September 20, 1984, in the evening, at Barangay Bual Sur, Municipality of Midsayap, Province of Cotabato, and within the court’s jurisdiction, the accused, armed with bolos and with intent to kill, treachery, and evident premeditation, conspired and mutually helped one another in hacking MANDATU LUNTAYAN, SR., causing his instantaneous death.
- The Information further alleged that a day after the killing, Wilfredo Barrios, then Barangay Captain of Bual Sur, assured the complainant and relatives of the victim that he would surrender Julio Alvarino and Rodolfo Jasa, but instead harbored and concealed them to facilitate and ensure their escape, allegedly with evident abuse of public function.
- Arraignment and trial setup
- Appellant Zamora, assisted by Atty. Visitacion Lavarias and one co-accused (Felix Saladar), entered a plea of not guilty at arraignment.
- Accused Alvarino, Jasa, and Barrios remained at large.
- A separate trial was held for Appellant Zamora because Saladar had contracted leprosy and was declared unfit for trial.
- Trial court disposition
- After due trial, the trial court (court a quo) convicted Appellant Zamora of Murder under Article 248 of the Revised Penal Code.
- The trial court sentenced Appellant Zamora to reclusion perpetua with costs.
- The trial court directed payment to the heirs of the victim:
- P50,000 as indemnity for death of Mandatu Luntayan, Sr.
- P10,000.00 as moral damages
- Total indemnity of P60,000
- Prosecution’s version of the facts
- The Luntayan family resided at Bual Sur, Midsayap, Cotabato.
- On the evening of September 20, 1984, Lucila Luntayan (wife) and her children were in their house waiting for Mandatu Luntayan, Sr. who went to the Poblacion of Midsayap.
- Past six o’clock that evening, residents heard the arrival of a tricycle along the Barangay Road near the Luntayan house.
- Mandatu Luntayan, Jr. looked outside and saw his father being hacked by some people.
- Lucila and Mandatu, Jr. went out with a flashlight to verify.
- The place of the hacking was about ten meters from their house.
- With their flashlight, they saw three persons hacking Mandatu, Sr.; they described him as bathed with blood.
- They recognized the three persons as Julio Alvarino, Bonifacio Zamora, and Felix Saladar, based on their having been neighbors in Bual Sur for more than five (5) years.
- Both Lucila and Mandatu, Jr. positively identified Bonifacio Zamora in court as one of the assailants who hacked the victim to death.
- The victim fell to the ground and the three men continued hacking him.
- When Mandatu, Jr. approached his father, Bonifacio Zamora hacked him, but Mandatu, Jr. evaded the hacking by moving backward.
- After Lucila shouted, the assailants fled into the darkness.
- Lucila and Mandatu, Jr. brought the victim to their house, where Mandatu, Sr. told them that he was hacked by Pareng Julio, Boning, and Felix.
- The victim was loaded on a Ford Fiera and brought to Dr. Renato Sara’s clinic in the Poblacion, Midsayap, Cotabato.
- Medical evidence
- Dr. Sara examined the deceased and found seven (7) hack wounds, described as follows:
- Hacked wound from the left cheek to the left pinna, cutting off the left ear.
- Hacked wound from the left lower jaw to the left side of the neck about seven inches.
- Hacked wound, left lower eyelid.
- Hacked wound, left knee, cutting all the potelia about five inches vertically.
- Hacked wound, left leg, just below to the knee about three inches in length.
- Hacked wound, right leg, upper 3rd lateral aspect about five inches.
- Hacked wound, left side of the back, about 3 inches and 2 inches in length.
- Dr. Sara concluded that the cause of death was massive loss of blood secondary to hack wounds.
- The certificate of death issued by Dr. Sara stated:
- Immediate cause: Hemorrhage
- Severe antecedent cause: Multiple hacked wounds
- Defense version of the facts
- The defense presented Emma Andan (relative by affinity of Appellant Zamora), Aurelia Zamora (appellant’s mother), and Appellant Zamora.
- Appellant’s defense mainly consisted of alibi:
- Appellant claimed that at about 6:40 p.m. on September 20, 1984, he was in the house of his brother Edilberto Zamora at Bual Sur, Midsayap, Cotabato, listening to a radio program.
- He claimed his house and the brother’s house were near each other.
- He claimed that Luzviminda Zamora, Bonifacio’s wife, Emma Andan, Edilberto, and Edilberto’s children were in the house.
- He claimed Aurelia Zamora was not there when he and his wife arrived because she was in the Poblacion and was expected to arrive anytime.
- Aurelia arrived and reported that Mandatu Luntayan, Sr. was killed.
- Edilberto and Emma Andan went down immediately to the place where Mandatu, Sr. was killed, while Bonifacio rem...(Subscriber-Only)
Issues:
- Sufficiency of prosecution evidence for conviction beyond reasonable doubt
- Whether the prosecution witnesses’ testimonies and sworn statements were inconsistent on material points such that they were unworthy of full faith and credit.
- Whether the purported weakness of the prosecution evidence required the recognition of appellant’s alibi.
- Proper classification of the crime: homicide or murder
- Whether the killing was attended by treachery such that the offense was murder.
- Whether the prosecution witnesses failed to provide sufficient particulars to establish treachery as a qualifying circumstance....(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)