Case Summary (G.R. No. 228945)
Procedural History
Criminal Case No. 07-25-T was filed on February 14, 2007. Hesson was arrested February 18, 2008 and arraigned March 17, 2008, pleading not guilty. The Regional Trial Court (Branch 45, Bais City) rendered judgment on January 26, 2015 convicting Hesson of Murder (qualified by treachery) and imposing reclusion perpetua with civil and other damages. The Court of Appeals affirmed with modification on August 31, 2016, increasing indemnities and awarding exemplary damages. Hesson appealed to the Supreme Court; the Supreme Court dismissed the appeal and affirmed the Court of Appeals decision on March 14, 2018.
Prosecution’s Factual Account
The prosecution presented one witness, Sario Joaquin, who testified that on July 15, 2006 he accompanied Hesson, Junello, and Remmy to the victim’s house. According to Sario, Hesson and Junello had discussed and agreed to kill Fernando at the market earlier that day. At the victim’s house, Junello obtained a lighter from Fernando and suddenly struck him on the nape, hacked him with a bolo, after which Hesson stabbed Fernando twice in the chest with a knife, sliced open his chest, and removed the heart. Junello removed the liver with a bolo. They fed organs to a nearby pig and mutilated the victim further. Sario stated he watched from the opposite side and did not intervene out of fear; he did not initially report the incident because of threats. The death certificate, admitted by defense, listed internal hemorrhage from multiple stab wounds as cause of death.
Defense Version
Hesson testified in denial. He claimed he was at Fernando’s house preparing rice when he heard commotion and upon looking through a window saw Junello hacking Fernando and a different person, Enrile Yosores, stabbing Fernando. Hesson asserted he escaped by jumping through a window and hid; he denied active participation and denied Sario’s presence (admitting only Remmy’s presence). His testimony was inconsistent on when his family relocated after the incident.
Trial Court Findings
The trial court credited Sario’s testimony as straightforward, categorical, and credible, finding no motive to fabricate. The court found that the prosecution established Hesson’s guilt beyond reasonable doubt for Murder qualified by treachery and imposed reclusion perpetua; it also awarded funeral expenses, civil indemnity, and moral damages. The court ordered the case of Junello, who remained at large, sent to archives with issuance of an alias warrant.
Court of Appeals Ruling
The Court of Appeals affirmed the conviction but modified the damages: increased civil indemnity and moral damages to P75,000 each and added exemplary damages of P30,000; retained P15,000 funeral expenses. The CA noted the credibility of the lone witness and the attendant qualifying circumstance of treachery.
Issues Raised on Appeal
Hesson’s assignments of error included: (1) conviction based solely on uncorroborated testimony of a single witness; (2) erroneous finding of conspiracy without proof beyond reasonable doubt; and (3) that the proper conviction, if any, should be for impossible crime because the victim was already dead when Hesson stabbed him.
Supreme Court’s Standard on Single Witness Testimony
The Supreme Court reaffirmed settled doctrine: a single witness’ testimony, if positive, credible, spontaneous, and uncontradicted by intrinsic or extrinsic circumstances, may suffice for conviction. Corroboration is necessary only if there is reason to suspect falsification or inaccuracy. The Court examined Sario’s narrative and found it detailed, consistent, and bearing the hallmarks of truth and sincerity; the death certificate corroborated the occurrence of multiple stab wounds and death.
Evaluation of Credibility and Absence of Ill Motive
The Court found no evidence of ill motive or bias on Sario’s part; Hesson’s own testimony denied animus between him and Sario. The trial court’s credibility assessment was entitled to great weight absent arbitrariness or oversight. The Supreme Court declined to disturb the trial court’s findings regarding witness credibility.
Flight and Non-surrender as Circumstantial Evidence
The Court considered Hesson’s immediate departure from the crime scene and his evasion of arrest for nearly two years as circumstantial evidence inconsistent with innocence. An innocent person, the Court observed, would ordinarily take prompt action to exonerate himself.
On Denial as Defense
The Court reiterated that bare denial is insufficient when confronted by a positive identification by a credible witness; denial must be supported by strong evidence to prevail. Hesson failed to produce such evidence.
Impossibility of Crime Argument Addressed
Hesson argued the stabbing could not have caused the victim’s death because, according to a portion of Sario’s testimony, Fernando appeared motionless after being hacked by Junello and Sario thought him already dead before Hesson’s stab. The Court rejected this as proving impossibility: Sario’s belief was an untested observation made under stress (no pulse or breathing checks), and thus insufficient to establish that Fernando was already dead. Even assuming Fernando had been dead, the Court held that Hesson would remain liable due to conspiracy.
Conspiracy and Collective Liability
The Court affirmed the finding of conspiracy between Hesson and Junello. It emphasized that conspiracy may be proven by inference from coordinated acts before, during, and after the crime, and direct proof is not essential. The sequence of overt acts—planning at the market, approach and surprise at the victim’s house, coordinated attacks, and joint mutilation—demonstrated unity of action and common purpose. Under settled law
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Case Citation and Procedural Posture
- G.R. No. 228945; Decision promulgated March 14, 2018; reported at 828 Phil. 372; Second Division; ponente Justice Caguioa; Acting Chief Justice Carpio (Chairperson) and Justices Peralta, Perlas-Bernabe, Reyes, Jr., concurring.
- Appeal under Section 13, Rule 124 of the Rules of Court from the Court of Appeals (CA) Decision dated August 31, 2016 in CA-G.R. CEB-CR-HC No. 02007.
- The CA had affirmed with modification the January 26, 2015 Judgment of the Regional Trial Court (RTC), Branch 45, Bais City (Criminal Case No. 07-25-T), which found accused-appellant Hesson Callao y Marcelino (Hesson) guilty beyond reasonable doubt of Murder under Article 248 of the Revised Penal Code (RPC).
- This appeal to the Supreme Court was docketed and resolved without supplemental briefs; the parties filed manifestations adopting their CA briefs and foregoing supplemental briefs.
Accusatory Instrument (Information)
- Information alleges that on or about July 15, 2006 in Tayasan, Negros Oriental, accused, conspiring, confederating and helping one another, willfully, unlawfully and feloniously, by means of treachery:
- Suddenly attacked and struck the forehead of Fernando Adlawan with an iron rod;
- Thereafter used a knife to open his stomach, took out his liver and threw it to a pig which ate it;
- Proceeded to slice the flesh of the victim’s thigh and threw it to the pig which also ate it;
- These injuries caused the immediate death of Fernando Adlawan.
- (The accusatory text as pleaded in the record is reproduced in the Information and quoted in the lower court records.)
Relevant Case Chronology and Key Dates
- July 15, 2006: Alleged commission of the offense.
- February 14, 2007: Case filed; both Hesson and co-accused Junello Amad (Junello) were at large and case sent to archives.
- February 18, 2008: Arrest of Hesson; case revived as to him.
- March 17, 2008: Hesson arraigned and pleaded not guilty.
- January 26, 2015: RTC rendered Judgment finding Hesson guilty of Murder qualified by treachery; sentenced to reclusion perpetua and ordered to pay damages.
- August 31, 2016: CA Decision affirmed with modification as to damages.
- March 14, 2018: Supreme Court Decision dismissed the appeal and affirmed the CA decision.
Facts as Found by the Prosecution (Lone Witness: Sario Joaquin)
- On July 15, 2006, at the Guincalaban flea market in Tayasan, Sario was with Hesson, Junello and Remmy (also spelled "Remie" in some parts of the record).
- While in the market, Hesson and Junello discussed a plan to kill Fernando Adlawan as ordered by one Enrile Yosores (Enrile); Sario was not part of the planning and did not know Enrile’s motive.
- Around 8:00 p.m. the group left the market and went to Fernando’s house; Sario accompanied them because Hesson threatened to kill him if he separated from the group.
- At Fernando’s house, Junello asked Fernando for a cigarette lighter; after receiving it Junello struck Fernando on the nape with a piece of firewood and then hacked him with a bolo on the side.
- Fernando lost consciousness and lay motionless; while he lay motionless, Hesson stabbed him twice in the chest with a knife, sliced open his chest and took out his heart with the knife.
- Junello subsequently took out Fernando’s liver with a bolo.
- Hesson and Junello fed the removed organs to a nearby pig, then cut Fernando’s neck and sliced his body into pieces.
- After these acts, Hesson and Junello left the crime scene followed by Sario and Remmy; Sario stood opposite the scene watching and did not intervene or run for fear of being killed.
- Sario went home and did not report the incident because Hesson and Junello had threatened to kill him if he did so.
- Later, Remmy was killed by Enrile during the Guincalaban town fiesta.
- The prosecution dispensed with live testimony of Fernando’s father and the medico-legal examiner after the defense admitted the accused’s civil liability and the existence of the death certificate indicating immediate cause of death as internal hemorrhage and underlying cause as multiple stab wounds.
Defense Version and Testimony of Accused (Hesson)
- Hesson asserted a defense of denial and claimed he was at home resting when Fernando arrived and invited him to Fernando’s house.
- While supposedly cooking rice inside Fernando’s house, Hesson heard a loud sound in the yard, looked through a window and saw Junello hacking Fernando on the chest.
- Hesson testified that Enrile approached and stabbed Fernando as the latter lay on the ground, and that Hesson shouted and was threatened by Enrile; frightened, Hesson jumped through a window and hid until morning.
- Hesson denied that Sario was present but admitted Remmy was there; he claimed he could not have stabbed Fernando because the victim was the son of his godfather.
- On cross-examination Hesson’s account varied: he testified he saw Junello hack Fernando once and Enrile hack him twice on the left side; he claimed fear as reason for not reporting; he and his parents left their house and transferred to Lag-it one day after the incident (later he said six months); he admitted knowing Remmy and Sario but denied being friends with Sario and denied prior quarrel.
- Hesson argued alternatively that, if Fernando was already dead when he stabbed him, he should only be convicted of an impossible crime.
Trial Court Findings and Disposition (RTC, January 26, 2015)
- The RTC found Hesson guilty beyond reasonable doubt of Murder qualified by treachery and sentenced him to reclusion perpetua.
- The RTC credited the testimony of the lone prosecution witness, Sario, finding him straightforward and categorical; found no improper motive on Sario’s part to falsely accuse Hesson.
- Monetary awards ordered by the RTC:
- Funeral ex