Title
People vs. Bundang
Case
G.R. No. 101830
Decision Date
May 27, 1997
Arthur Bundang convicted of murder and double frustrated murder after a 1986 shooting; identified by credible witnesses despite defense claims of poor lighting and alibi.
murder
double frustrated murder
eyewitness testimony

Case Summary (G.R. No. 101830)

Procedural Antecedents and Trial Court Ruling

The trial proceeded against Arthur Bundang. On June 25, 1991, the Regional Trial Court of Kalinga-Apayao, Branch 25, at Tabuk (presided by Judge Simplicio C. Cabantac) rendered judgment in Criminal Case No. 34-87. The court found Bundang guilty beyond reasonable doubt as principal of murder and sentenced him to reclusion perpetua, with accessory penalties and indemnity to the heirs of Tommy Lardizabal in the amount of P50,000.00, without subsidiary imprisonment in case of insolvency. For the shooting of Jacquiline Palafox, the court convicted Bundang of frustrated murder and imposed an indeterminate penalty of Six (6) Years and One (1) Day of Prision Mayor as minimum to Ten (10) Years of Prision Mayor as maximum, with accessory penalties and indemnity of P20,000.00. For the shooting of Janolino Palafox, it likewise convicted Bundang of frustrated murder and imposed the same indeterminate penalty framework, with indemnity of P20,000.00. The court directed that the period of detention starting from October 9, 1987 be deducted and ordered issuance of a final commitment upon finality of the judgment.

Factual Background of the Shooting Incident

The prosecution presented events beginning at twilight on September 24, 1986, when Romeo Cuaresma and Tommy Lardizabal went to the PC detachment in Agbannawag, Tabuk, Kalinga-Apayao to switch on the camp spotlight. On their way, they saw, from a few meters away, Bundang, Bibat, and Ramos seated on separate benches outside an uninhabited house while drinking. Bundang, obliquely facing the road, was holding an armalite.

Later, at around 7:30 in the evening, Tommy was walking along the barangay road in Agbannawag together with Janolino Palafox, Janolino’s five-year-old daughter Jacqueline, and Janolino’s son Janolino. Suddenly, the group was shot at. Tommy was hit and died on the spot. Jacqueline sustained a gunshot wound at the buttocks, while Janolino sustained a left wrist injury.

The trial court’s narrative of the attack further showed that when Janolino was lying prone on the ground, Bundang, holding an M-16 firearm, closed in. Bundang kicked and pushed Janolino with his left foot, forcing him to turn over and roll. Bibat and Ramos, passing by, followed Bundang upstream. Janolino identified Bundang as the assailant by reason of light sources at the area, including the spotlight from the PC detachment and lights from nearby houses.

The victims’ relatives rushed in after the shooting. Janolino told them that Bundang was responsible. Romeo Cuaresma, who had been having supper with his family and Sgt. Henry Ranjo, heard rapid gunfire and brought everyone inside a nearby house about fifteen (15) meters away. When they crawled out, they saw Tommy prostrate. Janolino again informed Cuaresma that Bundang had shot Tommy. Cuaresma helped carry Tommy to the nearby Cuaresma residence, while Sgt. Ranjo assisted in bringing Janolino and Jacqueline to the provincial hospital.

The record also indicated possible motive and context. According to Cuaresma, Bundang suspected Janolino and his relatives of having had a role in the killing of Bundang’s cousin, Colas Portuguese, committed earlier. The prosecution further stated that T/Sgt. Jose Andrada, the sergeant of the guard at Camp Juan M. Duyan on that night, went with Cuaresma to the hospital. When Andrada asked Janolino who shot him, Janolino replied that it was Bundang. Andrada advised Janolino to file a complaint, but Janolino stated he would take revenge himself. The next day, Andrada returned and again tried to persuade him to file a complaint, but Janolino remained adamant. Janolino’s relatives indicated they would follow Janolino’s decision.

As a consequence of the incident, aside from Tommy’s death, Jacqueline remained seriously wounded. Janolino’s injury took more than a month to heal. Bundang disappeared for three days, and on the third day returned to Agbannawag only to dismantle his house and load it onto a truck. After Janolino recovered, he searched for Bundang across various towns, including nearby Isabela province, but failed to locate him. Eventually he stopped the search and decided to let the authorities handle the matter.

Apprehension, Sworn Statements, and Filing of the Information

In August 1987, M/Sgt. Hover Coyoy received a mission order from Maj. Amante Bersamin to recover the firearm issued to the late ICHDF Agapito Abiyado, which was believed to be in Bundang’s possession. Coyoy, together with four constables in civilian clothes, found Bundang in a secluded mountainous area in Cordon, Isabela, about a kilometer away from the highway. There were four huts, one belonging to Bundang and his family. Bundang was brought to the Cordon police station, where Janolino identified him as the culprit in the Agbannawag incident. Bundang denied the accusation but agreed to be taken to Tabuk.

On August 10, 1987, Janolino, Romeo Cuaresma, and Rosita Lardizabal, executed sworn statements before M/Sgt. Coyoy at the 114th PC Company in Camp Juan M. Duyan, Tabuk, which led to the filing of the information charging murder and double frustrated murder with an unlicensed firearm, as quoted in the decision.

Defense Theory: Alibi, Denial, and Alleged Lack of Visibility

On appeal, Bundang relied on alibi and denial. He claimed that on September 24, 1986, he was working as a ranch boy in the ranch of Bunao, at the boundary of Agbannawag and Isabela. He insisted he had no personal grudge against Janolino and he claimed he remained in Agbannawag after the incident, moving to Cordon only in December 1986. He also contended that Janolino could not have recognized him because the area was not adequately illuminated at night.

To support the visibility argument, Bundang presented Antonio Mejia, the barangay secretary when the crime occurred, who stated that the houses were about seventy to eighty (70 to 80) meters away and that the PC detachment was even farther at three hundred (300) meters. He testified that the area was too dark to allow identification at night.

The Parties’ Contentions on Appeal

Bundang assailed the trial court’s evaluation of testimony, arguing that it gave too much weight to Janolino’s testimony, which he characterized as improbable and contrary to ordinary human experience and behavior. He also asserted that the supposed crime scene illumination could not have allowed accurate identification. His appeal therefore sought reversal and an acquittal.

The prosecution, through the trial court’s findings, relied on the eyewitness identification and on the circumstances of visibility, as well as on the credibility factors observed by the court regarding the witnesses and the absence of persuasive reasons for fabrication.

Appellate Evaluation of Witness Credibility and Identification

The Court treated the assessment of witness credibility as within the trial court’s province. It held that, absent compelling proof that material facts or circumstances were overlooked or misapprehended, the trial court’s judgment merited final respect because it had the opportunity to observe the witnesses’ demeanor.

On the issue of illumination, the Court found the record contrary to Bundang’s assertions. At an ocular inspection ordered by the trial court, the crime scene was found to be only two hundred six (206) meters from the PC detachment, seventy three (73) meters from Janolino’s house, and twenty five (25) meters from the Cuaresma residence. Romeo Cuaresma testified that the PC detachment was illuminated by two spotlights of one thousand watts each, one directed to the north where the crime occurred and another directed to the south. The spotlights were mounted about fifteen (15) feet from the ground. Defense witness Mejia admitted the existence of this bright light on the roof of the detachment, described as a light that appeared like the cover of a bed pan. The record further showed a forty-watt fluorescent lamp at the back of Janolino’s house facing west toward the crime area, and a fluorescent bulb illuminating the Cuaresma residence. The Court thus concluded that the witnesses’ identification should be accepted where visibility is favorable and where there was no showing that the witness was biased against the accused.

The Court also examined Janolino’s opportunity to see. It noted that Janolino had known Bundang for about ten (10) years, and it found that the distance and closeness during the attack supported identification. The Court referred to Janolino’s cross-examination answers that he had seen Bundang holding an armalite M-16, that the distance at the relevant moment was possibly less than a meter because Bundang came near him and even kicked him, and that Janolino had been prone and turned over during the incident. The Court considered that the defense failed to ascribe a real ill-motive sufficient to fabricate the serious charges in the information.

Further, the Court held that the fact that Janolino was related to the victims did not automatically destroy credibility. It reasoned that relatives of victims have a natural concern for justice, which makes their attention to the assailant’s identity understandable. It also rejected the argument based on delay in reporting the crime. It found that the delay was explained: Janolino initially decided to exact personal revenge, and he later chose to let the authorities handle the matter after realizing that taking the law into his hands was not the proper course. The Court emphasized that delay, on its own, did not render testimony unworthy of belief, particularly when the witness was related to the victim.

The Court reiterated that where the prosecution witness’s testimony is found convincing and trustworthy, even a sole eyewitness may sustain conviction beyond reasonable doubt. It likewise rejected alibi, holding that alibi cannot prevail over positive identification. It characterized Bundang’s denial as negative and self-serving and ther

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