Case Summary (G.R. No. 169084)
Key Dates and Procedural History
Incident: March 21, 2000. Informations filed: March 28, 2000. Arraignment: April 7, 2000 (not guilty pleas). RTC conviction: October 23, 2001. Court of Appeals (CA) decision: April 28, 2005 (affirmed with modifications). Supreme Court decision: January 18, 2012. Cases consolidated for trial (Criminal Cases Nos. 10839–10841).
Applicable Law
1987 Philippine Constitution (applicable per instruction for post-1990 decision). Substantive and procedural provisions applied include: Article 248, Revised Penal Code (murder, as amended by Republic Act No. 7659); Article 11(1) and 11(2), Revised Penal Code (self-defense and defense of strangers); Article 8 (conspiracy), Article 63 (indivisible penalties) of the Revised Penal Code; Civil Code provisions on damages (Articles 2224 and 2230). The Court recognized the statutory repeal of the death penalty (Republic Act No. 9346) in sentencing analysis.
Facts as Found by the Prosecution (Eyewitness Testimony)
Eyewitness Froilan R. Perfinian testified that on the night of March 21, 2000, at about 9:00 p.m. he saw the six accused attack and assault the three victims in Sitio Bulihan. He identified each accused from about six meters away under a very bright moon, and stated familiarity with them. Perfinian described how the accused surrounded and attacked the victims, identifying specific acts by individual accused (e.g., Arnold stabbing Graciano, Rico hacking Graciano, Felix and Hermogenes pursuing and hacking Victor, Melanio and Joven pursuing Sabino). Perfinian fled the scene afterward, later provided information to victims’ families and to the police once the accused were arrested.
Physical and Forensic Evidence
Police recovered blood-stained clothing and a curved-end knife from Melanio’s house and a bolo from Melanio during arrest; Hermogenes’ bolo was surrendered by his wife. Post-mortem examinations by Dr. Luz M. Tiuseco established multiple stab and hack wounds consistent with perpetration by bolos/knives (Sabino: 11 hack and 12 stab wounds; Graciano: four stab and one hack wound; Victor: three hack wounds). These forensic findings corroborated Perfinian’s account that victims were repeatedly stabbed and hacked.
Defense Version and Admissions
The accused admitted presence in Bulihan that night but denied criminal liability. Arnold and Joven admitted inflicting injuries and invoked self-defense and defense of strangers; they claimed three men obstructed them and one tried to drag Winifreda (Hermogenes’ wife), with alleged attempts by victims to draw weapons. Other accused (Melanio, Hermogenes, Rico, Felix) asserted denial or alibi, claiming they left the area for Antipolo after being told dead bodies were found. Winifreda testified supporting Arnold and Joven’s narrative about alleged initial aggression against her.
RTC Judgment
The Regional Trial Court convicted all accused of murder under Article 248, finding conspiracy, treachery and abuse of superior strength as qualifying circumstances and appreciating voluntary surrender as a mitigating circumstance only in favor of Hermogenes. Sentences: reclusion perpetua for Arnold, Felix, Rico, Joven and Melanio; Hermogenes received a lesser indeterminate sentence (minimum 14 years, 8 months, 1 day to 20 years reclusion temporal) due to the court’s appreciation of voluntary surrender. The RTC also ordered joint and several civil indemnities and moral damages to the victims’ heirs.
Court of Appeals Ruling
The CA affirmed the convictions but modified damages and Hermogenes’ penalty. It sentenced Hermogenes to reclusion perpetua (instead of the RTC’s indeterminate term) and adjusted civil indemnity, moral and actual damages: civil indemnity and moral damages set at P50,000 each to heirs of each victim; actual damages and nominal damages adjusted for each victim’s heirs in accord with receipts and proofs presented.
Issues on Final Appeal
The accused raised, inter alia: (1) that Arnold and Joven’s admission of responsibility should exculpate the others; (2) that Arnold and Joven acted in self-defense and in defense of strangers; (3) that conspiracy was not proven; and (4) that awards of damages lacked evidentiary support.
Supreme Court’s Deference to Trial Court Findings
The Supreme Court gave full credence to the RTC and CA findings, particularly to Perfinian’s eyewitness identification, noting the trial court’s superior position to assess witness demeanor and credibility. The Court found that neither the appellants presented overlooked or dispositive circumstances nor did they rebut Perfinian’s positive identification. The accused’s denials were characterized as self-serving; their conduct after the incident (flight, concealment of weapons, non-reporting) supported the courts’ adverse credibility assessments.
Legal Standard and Burden on Self-Defense and Defense of Strangers
The Court reiterated governing law on justifying circumstances: to establish self-defense, the accused must prove by clear and convincing evidence (a) unlawful aggression by the victim; (b) reasonable necessity of the means employed; and (c) lack of sufficient provocation by the defender. Defense of strangers requires a similar tripartite showing with the additional requirement that the defender not be motivated by revenge or evil intent. Where the accused admits being the author of the killing (as Arnold and Joven did), the burden shifts to the accused to prove the justifying circumstance with sufficient and satisfactory proof, though the State retains its overall burden to prove guilt beyond reasonable doubt.
Rejection of Self-Defense and Defense of Strangers
The Supreme Court found Arnold and Joven failed to prove unlawful aggression by the victims. The Court emphasized the absence of recovered weapons from the victims, the lack of independent testimony by Arnold or Joven that they saw weapons or were in imminent peril, and the disproportionate nature and repetition of the wounds sustained by victims. The accuseds’ post-incident conduct—flight, concealment of weapons, failure to report or surrender—further undermined their claim of defense. Winifreda’s testimony regarding a balisong was uncorroborated and contradicted by physical evidence.
Conspiracy and Abuse of Superior Strength
The Court affirmed that conspiracy was established either by express or implied agreement, inferred from the manner of execution and the acts before, during and after the crime. The coordinated surround, pursuit of fleeing victims, armed status of the six accused versus three unarmed victims, and collective flight evidenced common design; under Article 8 and jurisprudence, all co-conspirators are equally liable. Abuse of superior strength was found as an aggravating circumstance because the accused outnumbered and were armed, taking advantage of their superiority to ensure the killings—qualifying the homicides as murder under Article 248.
Voluntary Surrender Consi
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Antecedents
- The accused are all related by consanguinity or affinity: Melanio and Hermogenes are brothers; Rico is Melanio’s son; Joven is Melanio’s nephew; Felix is Melanio’s son-in-law and Arnold’s brother. Felix and Arnold lived in Melanio’s house.
- On March 28, 2000, the City Prosecutor’s Office of Batangas City filed three informations in the Regional Trial Court (RTC), Branch 4, Batangas City, charging all the accused with three counts of murder (Criminal Case Nos. 10839, 10840 and 10841).
- The three informations alleged that on or about March 21, 2000, at around 9:00 o’clock in the evening at Sitio Bulihan, Brgy. Balete, Batangas City, the accused, conspiring and confederating with one another, while armed with bolos, a kitchen knife and a pointed instrument (all deadly weapons), with intent to kill and with the qualifying circumstances of treachery and abuse of superior strength, attacked and killed:
- Sabino Guinhawa y Delgado @ “Benny” (Criminal Case No. 10839);
- Graciano Delgado y Aguda @ “Nonoy” (Criminal Case No. 10840); and
- Victor Noriega y Blanco (Criminal Case No. 10841).
- The three cases were consolidated for arraignment and trial. On April 7, 2000, the accused pleaded not guilty.
Prosecution Witnesses and Evidence (Eyewitness and Investigative)
- The State’s witnesses included: Froilan R. Perfinian, PO3 Pablo Aguda Jr., Dr. Luz M. Tiuseco, Rosalia Delgado, Domingo Guinhawa, Abella Perez Noriega, SPO3 Felizardo Panaligan, Sr. Insp. Marcos Barte and SPO3 Danilo Magtibay.
- Eyewitness Froilan R. Perfinian’s account:
- On the night of March 21, 2000, at about 9:00 p.m., while walking home in Sitio Bulihan, Perfinian heard pleading (“Huwag po, huwag po!”), followed the voice and saw the assault on Sabino, Graciano and Victor.
- He recognized each accused from only six meters away under a “very bright” moon and because he was familiar with them (he was godfather to Hermogenes’s son and the accused usually passed by his house).
- Perfinian observed the accused surround the victims and described the specific acts of each:
- Arnold stabbed Graciano in the stomach with a bolo causing Graciano to fall;
- Rico hacked Graciano with a bolo;
- When Victor attempted to run, Hermogenes and Felix pursued and Felix hacked Victor;
- When Sabino ran, Melanio and Joven pursued him.
- Perfinian fled home after the attackers left, informed his wife, left for Marinduque out of fear, and returned only after learning of the arrests; he later gave a statement to the Batangas City Police.
- PO3 Pablo Aguda Jr.’s investigative findings:
- On March 22, 2000, police found the three dead bodies sprawled on the road about 20 meters from each other, bloodied and full of hack wounds.
- A certain Rene Imbig mentioned seeing six accused wielding bolos and running on the night of March 21, 2000.
- From Melanio’s house (about 20 meters from the bodies), police recovered a blood-stained knife with a curved end.
- Hermogenes was located at the station; police, Rene and others went to Sitio Tangisan where Rene pointed to Melanio stepping out of his mother-in-law’s house. Melanio tried to run but was caught; a bolo was recovered from him.
- Other suspects were found and arrested in the house of Melanio’s mother-in-law and brought back to Batangas City.
- The suspects admitted disposing some clothes by throwing them into the Pasig River and said other clothes were in Melanio’s house; police recovered two shorts, a shirt and a knife, all blood-stained, from Melanio’s house on March 23, 2000.
- Winifreda del Castillo (Hermogenes’s wife) turned over Hermogenes’s bolo to police.
- Police learned Melanio had been fuming at being cheated in a cockfight and had uttered threats to kill at least three persons in Bulihan.
- Corroboration by Sr. Insp. Barte, SPO3 Panaligan and SPO3 Magtibay confirmed PO3 Aguda’s recollections.
- Forensic evidence by Dr. Luz M. Tiuseco:
- Post-mortem examinations (March 22, 2001) revealed:
- Sabino: 11 hack wounds and 12 stab wounds;
- Graciano: four stab wounds and one hack wound;
- Victor: three hack wounds.
- Cause of death: hypovolemic shock secondary to multiple stab and hack wounds.
- Post-mortem examinations (March 22, 2001) revealed:
- Funeral/burial expense evidence:
- Domingo Guinhawa (Sabino’s elder brother) testified that Sabino’s funeral and burial expenses amounted to P50,000.00.
- Rosalia Delgado (Graciano’s sister) testified Graciano’s burial expenses were P51,510.00.
- Abella Perez Noriega (Victor’s wife) claimed the family spent P53,395.00 for Victor’s wake and interment.
Defense Version and Testimonies of the Accused
- The Defense presented testimony of the accused and Winifreda del Castillo. The accused admitted presence in Bulihan but denied criminal liability; Arnold and Joven invoked self-defense and defense of strangers; Melanio, Hermogenes, Rico and Felix interposed denial.
- Summary of the accused’ testimonies (as rehashed in the appellee’s brief by the Public Attorney’s Office):
- Arnold Avengoza:
- On March 21, 2000 he drank with Rico at their house. He and Joven later accompanied Winifreda and her son when Rico could not return immediately.
- Before reaching Winifreda’s house three men appeared; one held Winifreda and others tried to draw something from their waists. Arnold claimed he hacked one man who attempted to draw a weapon, told a man to stop, but was attacked further and hacked again to subdue.
- He took Winifreda and her son to Melanio’s house, told Melanio to take his family away because he saw dead persons nearby, and threw his bolo into the Pasig River.
- Joven del Castillo:
- Corroborated Arnold; admitted stabbing a man who attempted to draw something from his waist; uncertain about the number of stabs.
- Stated they left Sitio Bulihan around 11:00 p.m. with Felix, Arnold, Rico, Melanio and Melanio’s family to Antipolo, Rizal where they were arrested.
- Hermogenes del Castillo:
- Testified he slept the whole night of March 21, 2000 and only learned of the killings from his wife; went to Barangay Captain Aloria fearing retaliation and was later taken by police from Aloria’s house.
- Rico del Castillo:
- Testified he fetched Winifreda earlier and later asked Joven and Arnold to accompany her and her son home; he was told by Arnold and Joven that they saw dead people and was asked to leave with his family.
- Felix Avengoza:
- Testified he was informed by Joven and Arnold that they saw two dead persons near their house and, fearing implication, was told to leave.
- Melanio del Castillo:
- Affirmed Felix’s testimony and said he left his house for Manila due to insistence.
- Winifreda del Castillo:
- Confirmed she was fetched by Rico for treatment of his daughter. Joven and Arnold accompanied her; while on the way three men blocked their path, one held her hand and tried to drag her; Arnold attempted to pacify and then hacked when the men allegedly attempted to pull something from their waists.
- Arnold Avengoza:
- The Defense did not successfully advance documentary proof of weapons held by the victims; assertions included an alleged balisong but no such weapon was recovered at the scene.
RTC Decision (Trial Court)
- On October 23, 2001, the RTC convicted all accused of murder in the three consolidated cases, but appreciated voluntary surrender as a mitigating circumstance for Hermogenes.
- Sentences imposed by the RTC:
- Arnold Avengoza, Felix Avengoza, Rico del Castillo, Joven del Castillo and Melanio del Castillo: each sentenced in each case to suffer reclusion perpetua together with accessory penalties and costs.
- Hermogenes del Castillo: considering mi