Case Summary (G.R. No. 55300)
Procedural History
– RTC, Branch 38 (Iloilo) convicted all accused (except Lanida) of murder (Art. 248, RPC) and sentenced them to 12 years + 1 day to 17 years + 4 months reclusion temporal, P40,000 indemnity, P14,000 moral damages.
– Most appellants withdrew their appeals; only Custodio Sr. appealed.
– CA modified his penalty to reclusion perpetua, reduced indemnity to P30,000, and certified the case to the Supreme Court under the People vs. Ramos rule.
Material Facts
– Evening of February 21, 1981: Barangay Captain Paja escorted spouses Augusto and Fausta Gonzales to the Ajuy police station after Fausta allegedly stabbed their landlord with a knife.
– Patrolman Centeno and P.C. operatives inspected the site at Sitio Nabitasan, made a rough sketch, then returned with a photographer.
– Autopsy (Feb. 22, 1981) by Dr. Rojas: 16 external wounds (stabs, punctures, incisions, laceration), five fatal penetrating heart, lungs, intestines; cause of death: massive hemorrhage.
Prosecution Evidence
– Autopsy findings establishing multiple fatal and nonfatal wounds.
– Testimony of barangay captain Paja, police officers Centeno and Sazon, P.C. personnel Belicanao and Palomo.
– Widow Nanie Penacerrada on indemnity and expenses.
– Jose Huntoria, self-proclaimed eyewitness.
Eyewitness Testimony (Jose Huntoria)
– Claimed to have hidden 15–20 m from the “linasan” field under moonlight at about 8 p.m., witnessed all six accused taking turns stabbing and hacking the victim for about an hour.
– Didn’t report until eight months later, citing fear for his life and later a sense of duty as a tenant of the deceased.
Defense and Alibi
– Fausta: admitted the killing in defense of honor (attempted rape).
– Custodio Sr.: claimed to have been asleep in his home one kilometer away and only informed after grandchildren arrived.
Investigation Shortcomings
– Police sketch omitted quantity of bloodstains, conflicting location theories (bedroom vs. field).
– Patrolman misdated the incident; surrender details by Corporal Sazon unclear; P.C. complaint named conspirators without proper evidence.
Eyewitness Credibility and Bias
– Eight-month delay in reporting unexplained by credible threats; no direct proof of intimidation.
– Personal interest: Huntoria was a tenant of the deceased, later employed and sheltered by victim’s relatives.
– Admitted inability to identify which accused performed specific stabbing or hacking, or the weapons used.
Legal Analysis on Criminal Liability
– Under Art. 3 and 4, RPC, prosecution must prove a specific bodily act causing death.
– Art. 17,
Case Syllabus (G.R. No. 55300)
Procedural History
- Regional Trial Court of Iloilo, Branch XXXVIII (Criminal Case No. 13661), rendered on October 31, 1984, found all accused (except Rogelio Lanida, at large) guilty beyond reasonable doubt of murder under Article 248, Revised Penal Code.
- Imposed penalty: reclusion temporal (12 years + 1 day to 17 years + 4 months), indemnity P40,000, moral damages P14,000, costs.
- All accused except Custodio Gonzales, Sr. withdrew appeals to seek parole; only Custodio Gonzales, Sr. pursued his appeal.
- Court of Appeals, on October 27, 1987, modified Custodio Sr.’s penalty to reclusion perpetua, reduced indemnity to P30,000, affirmed other findings, and certified the case to the Supreme Court under People v. Ramos.
Antecedent Facts
- February 21, 1981, ~9:00 PM: Barangay Captain Bartolome Paja awakened by Augusto and Fausta Gonzales reporting that Fausta had killed their landlord, Lloyd Penacerrada.
- Augusto still held the alleged murder weapon; Fausta’s dress was stained with blood.
- Paja ordered his nephew to bring the couple to the Ajuy Municipal Hall police sub-station.
Arrest and Investigation
- Patrolman Salvador Centeno and Paja inspected the alleged crime scene at Sitio Nabitasan; discovered Penacerrada’s body lying face down, clad only in underwear.
- Centeno made a rough sketch of the scene that night; returned next morning with a photographer to take pictures and continue the sketch.
- Victim’s body conveyed to Ajuy Municipal Hall for autopsy.
- February 23, 1981: Augusto Gonzales surrendered to Police Corporal Ben Sazon for protective custody and transfer to Sara, Iloilo, where Fausta was detained.
Autopsy Findings
- Conducted by Dr. Jesus D. Rojas at 11:20 AM, February 22, 1981.
- External examination: 16 wounds (4 puncture, 7 stab, 4 incised, 1 lacerated); five wounds penetrated vital internal organs.
- Internal findings: injuries to heart (left ventricle), lungs (right lower and middle lobes, apex), and descending colon.
- Cause of death: massive hemorrhage due to multiple lacerated, stabbed, incised, and punctured wounds.
Information and Pleas
- August 26, 1981: Provincial Fiscal filed information charging Fausta and Augusto Gonzales with murder by treachery, evident premeditation, superior strength and number.
- September 16, 1981: Both pled not guilty.
- October 6, 1981: Jose Huntoria volun