Title
People vs. Capinpin, Jr.
Case
G.R. No. 67785
Decision Date
Oct 4, 1988
Federico Capinpin, Jr. convicted of homicide, not murder, for killing Jaime Benzon in 1977; alibi rejected, witness testimony upheld, penalty modified.

Case Summary (G.R. No. 67785)

Information, Plea, and Trial Court Disposition

The Information alleged that the five accused, armed with pointed bolos, conspired and aided one another with intent to kill, with evident premeditation and treachery, to attack, assault, and stab Jaime Benzon, causing his death. It further alleged two aggravating circumstances: abuse of superior strength and nighttime. The accused pleaded “not guilty” upon arraignment.

After trial, the trial court held Federico Capinpin, Jr. guilty beyond reasonable doubt as principal for murder and imposed reclusion perpetua, with accessory penalties. It found Henry Capinpin and Danilo Capinpin guilty as accessories and imposed an indeterminate sentence of four (4) years, four (4) months and one (1) day of prision correccional as minimum to six (6) years and one (1) day of prision mayor as maximum, with accessory penalties. The trial court ordered Federico, Henry, and Danilo to pay, jointly and severally and proportionately, the heirs of Jaime Benzon P12,000.00 as indemnity and P25,000.00 as moral damages, and it acquitted Bernardo Baltazar and Romeo Baltazar for insufficiency of evidence.

Grounds for the Appeal of Federico Capinpin, Jr.

Only Federico Capinpin, Jr. appealed. He assigned two errors, the first challenging the trial court’s reliance on what he characterized as biased and uncorroborated testimony of Viriato Malanot, and the second faulting the trial court for not acquitting him. The Court framed the decisive appellate question as the credibility of Malanot.

Evidence for the Prosecution: The Testimony of Viriato Malanot

The trial court had emphasized that conviction and acquittal hinged on Malanot’s testimony. Malanot testified that at around eight o’clock in the evening of November 15, 1977, he was at the store of Telesforo Bermillo in Barangay Sto. Tomas, Tuao, Cagayan, drinking San Miguel wine with others. Jaime Benzon came to buy cigarettes and borrowed Malanot’s flashlight to light his way to the house of Precy Capinpin, whom Jaime was courting. After borrowing the flashlight, Jaime proceeded to Precy’s house and did not return.

Malalot then decided to follow Jaime to retrieve his flashlight. While on the way, he heard someone moaning in pain, hid to avoid being noticed, and saw about three (3) meters away the accused—Federico, Henry, and Danilo Capinpin, and the two Baltazar brothers—together with another person whom he identified as Jaime Benzon. Malanot stated that Federico was hacking Jaime while the companions stood behind. Malanot also testified that Federico told the others to hide the victim’s body. Henry and Danilo held Jaime’s feet; Romeo and Bernardo held his hands; and Federico held his head while they carried the body away from the road.

Malalot further testified that he went home and reported the incident the following morning to Elias Blanza, Barangay Captain of Sto. Tomas, and also informed Lazaro Benzon, the victim’s father. A barangay captain, Lazaro, and others allegedly went to the scene indicated by Malanot and recovered the victim’s cadaver.

The Defense: Alibi and the Trial Court’s Assessment

The defense for the Capinpin brothers was alibi. Federico and the other Capinpin brothers claimed they were at their respective homes when the crime occurred. The trial court rejected this defense because it found that their residences and the crime scene were within the same barangay and were therefore not physically impossible for them to have been present at the scene when the offense was committed.

As to the Baltazar brothers, they testified that they were at their place of employment in Villalaida, Tuao, Cagayan, some ten (10) and more kilometers away, at the time of the crime. Their account was corroborated by security guards of their employer. The trial court expressed grave doubts about their participation, which supported their acquittal.

Appellate Ruling on Credibility and Identity

After a thorough review, the Court found the responsibility of Federico Capinpin, Jr. for the death of Jaime Benzon established. It held that Malanot, though disadvantaged by lack of formal education and difficulty expressing himself in Ilocano, positively identified Federico as the victim’s assailant and described in detail how the attack was carried out and how the body was carried away and hidden. The Court treated the inconsistencies alleged by Federico as involving minor details that did not affect the truth of Malanot’s testimony on the material points.

The Court also addressed the apparent contradictions between Malanot’s sworn police statement and his testimony. It explained that Malanot’s sworn statement was taken in English, a language he did not understand, and that he did not know how to read; thus, he was prevented from reviewing the statement and determining if it was accurate.

Alibi Deemed Unavailing

The Court further held that, in light of Malanot’s positive identification, Federico’s alibi was unavailing. It reiterated the settled rule that alibi cannot prevail when the accused has been positively identified, particularly where it was not physically impossible to have been at the scene or its immediate vicinity at the time of commission. The Court noted that, unlike the situation affecting the Baltazar brothers, the trial court had found that the residences of the Capinpin brothers and the crime scene were all within a short distance within the same barangay. Hence, Federico’s alibi did not create reasonable doubt.

Modification of the Conviction: Murder Not Proven

While the Court was convinced that Federico was responsible for Jaime Benzon’s death, it ruled that the conviction could not stand for murder. It noted that the Information alleged evident premeditation and treachery, but these were not duly proven. The Court observed that the trial court had instead appreciated nocturnity to qualify the killing as murder, but nocturnity was not a qualifying circumstance under Art. 248 of the Revised Penal Code.

The Court clarified that nocturnity is only an ordinary aggravating circumstance under Art. 14(6) of the Revised Penal Code. Even then, it could not be appreciated because nocturnity, by itself, is not an aggravating circumstance; there must be evidence that the accused especially sought nighttime or took advantage of it to facilitate the commission of the crime or to ensure escape. It stressed that absent any showing that nighttime’s intrinsic advantages were purposely and deliberately sought by the offender, the fact that the offense was committed at night does not suffice.

The Court found nothing in the record indicating such intent or design on Federico’s part. Accordingly, the killing was treated as homicide, not murder.

Penalty and Civil Liability Adjustments

For homicide under the Revised Penal Code, the Court held that the penalty was reclusion temporal. With no mitigating or aggravating circumstances proved, it ruled that the imposable penalty lay in the medium period. Applying the Indeterminate Sentence Law, it fixed the maximum term at seventeen (17) years and four (4) months of reclusion temporal, and the minimum term within the range of the penalty next lower, namely prision mayor. Exercising discretion, the Court set the minimum at nine (9) years and six (6) months of prision mayor.

As to damages, the Court modified the award by increasing the indemnity to THIRTY THOUSAND PESOS (P30,000.00). The decision of the trial court was otherwise left undisturbed, including the civil award components as affirmed.

Legal Basis and Reasoning

The Court’s disposition rested on two linked assessments. First, it sustained the factual conclusion that Federico was the identified assailant. It accorded weight to Malanot’s positive identification, disregarding alleged inconsistencies as immaterial to the core fact of participation, and it explained discrepancies in the sworn statement by Malanot’s inability to understand and read the language used. Second, it recalibrated the legal characterizati

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