Title
People vs. Jimenez, Jr.
Case
G.R. No. 84276
Decision Date
Feb 13, 1992
Areglado was killed by the Jimenez family in 1985; Cresencio Jr. and Ronald were convicted of murder, upheld by the Supreme Court.
murder
positive identification
nature of wounds
A

Case Summary (G.R. No. 126253)

Factual Background of the Killing

The prosecution presented Dr. Ernesto Tamayo, a rural health officer and a resident of Dimasalang, Masbate, who testified that he conducted a postmortem examination on November 27, 1985 and issued a postmortem report (Exhibit "A"). He found that the victim, Pio Areglado, sustained five (5) wounds caused by different weapons, with fatal injuries that resulted in the victim’s instantaneous death. Dr. Tamayo clarified that although the cadaver had already been embalmed by the time he examined it, he was certain the wounds were not caused by the embalming process.

The principal eyewitness was Mrs. Teofila Areglado, the victim’s widow and an eyewitness to the attack. She testified that on the morning of November 22, 1985, she was in their coconut plantation at Balantay, Dimasalang, Masbate, together with her husband and hired help Rolando Palacay and Reynaldo Arcenal. She recounted that after her husband was asked to check who was still gathering coconuts, she saw Ronald Jimenez in a coconut tree. When she told him to stop because the coconuts belonged to them, he asked her to wait and then, once she reached the ground, chased her. She ran and shouted for help. She said Ronald managed to overtake her and attempted to hit her with his scythe, though the blow did not find its mark.

According to her narration, Ronald then chased her husband together with Cresencio Jimenez, Jr., Cresencio Jimenez, Sr., and Jessie Jimenez. About thirty (30) meters away, the four surrounded her husband, who raised his arms in surrender. She testified that Jessie Jimenez pierced her husband with a wooden spear on the left breast, while Cresencio Jimenez, Jr. shot him with a spear gun, hitting his right forearm. She further stated that Ronald Jimenez, using a scythe, slashed the victim’s neck, and Cresencio Jimenez, Sr. hacked him with a bolo and thrust it on his back. She also identified the wounds through pictures marked as Exhibit "C" - "C-16".

Mrs. Areglado further testified about the presence of Erlinda Paglinawan, wife of Cresencio Jimenez, Sr. and mother of the other accused. She stated that Erlinda was about ten (10) meters away, carrying a child, and shouting "Kill him!". She did not see Erlinda arrive because she began to run when Ronald gave chase to her.

The testimony was corroborated by Rolando Palacay, a farmer and resident of Piyaong, Dimasalang, Masbate. He corroborated the manner of the attack and the wounds inflicted by each of the accused, and he explained that he and Reynaldo Arcenal did not intervene because they were fearful.

Prosecution and Defense Theories at Trial

In contrast, Ronald Jimenez denied the prosecution’s account insofar as it involved other assailants and asserted that he alone was responsible for the death of Pio Areglado. He claimed self-defense, testifying that while he was carrying a scythe and a spear gun on his way to the river, he met Pio Areglado who had a bolo and a piece of wood. Ronald testified that Pio threatened him, and Ronald said he parried the attack with his spear gun. Ronald stated that he fired his spear gun, hitting Pio in the right forearm, and when Pio wounded his arm tried to pull out his bolo, Ronald allegedly picked up the piece of wood and pierced Pio on the right breast. He then claimed he slashed Pio’s neck with the scythe and thrust Pio’s bolo, after which he left and surrendered to the police. He admitted that Teofila Areglado was present but testified that she ran away when her husband struck him. He explained that he did not have time to run away and did not go home because his mother had just given birth and he feared complications. He added that his brother Cresencio Jimenez, Jr. was sick and resting, while their father and brother were out buying provisions. He further admitted that after the incident, he proceeded directly to the police station after washing blood stains in the river. He said his family learned of the incident the next day when his brother Cresencio was arrested.

Cresencio Jimenez, Jr. likewise denied participation. He testified that when he learned of the incident, he had been sick with fever at home around the time of the killing and had remained there. He stated that his parents and brother were not in the house because they had left early that morning. He claimed he was detained for three days after arrest and subsequently incarcerated at the Municipal Jail. He maintained that his parents and brother escaped because they had been included in the charge. He also testified that the probable cause for the complaint concerned a boundary dispute over adjoining land parcels involving about twenty coconut trees, from which the victim harvested coconuts for about three months. He said he learned the details of the incident from Ronald while in jail.

Carlos Mitra, a member of the INP Station in Dimasalang, Masbate, testified that Ronald voluntarily surrendered, referring to the police blotter entry marked as Exhibit "1" indicating that Ronald surrendered for scything Pio Areglado on the neck at barangay Balantay and was detained for further investigation.

Commencement of Criminal Proceedings

The initial criminal complaint for murder was filed on December 3, 1985 by the Acting Station Commander, INP, Cpl. Carlito P. Asilum, against Cresencio Jimenez, Jr., Ronald Jimenez, Cresencio Jimenez, Sr., Jessie Jimenez, and Erlinda Paglinawan. After examining the prosecution witnesses and finding reasonable ground to believe the accused probably guilty, Municipal Circuit Trial Judge Jacinta B. Tambago ordered the issuance of a Warrant of Arrest with no bail recommended. However, only the herein appellants were arrested; their parents and brother remained at large.

On March 6, 1986, Municipal Circuit Trial Judge Tambago ordered that the records be forwarded to the Provincial Fiscal of Masbate for filing of the Information. On March 24, 1986, Second Assistant Provincial Fiscal Jesus C. Castillo filed the Information for Murder, docketed as Criminal Case No. 4951, alleging that on or about November 22, 1985 at barangay Balantay, Dimasalang, within the court’s jurisdiction, the accused, confederating together, attacked the victim with multiple weapons, with intent to kill and with evident premeditation, treachery, and superiority of strength, causing injuries that directly led to the victim’s instantaneous death.

At arraignment on July 23, 1986, both Ronald and Cresencio Jimenez, Jr. pleaded not guilty, and the case proceeded to trial.

Issues Raised on Appeal

The appellants challenged the conviction by arguing that the trial court gave excessive weight to the prosecution evidence and failed to acquit Cresencio Jimenez, Jr. on reasonable doubt. They also faulted the credibility and implications of Teofila Areglado’s testimony. They contended that her account was inconsistent with an inference that Ronald chased her due to anger, asserting that she was merely pushed aside without injury. They further argued that the presence of the other accused at the scene was not established and that their involvement was suggested solely because multiple wounds were sustained by the victim. As to Cresencio Jimenez, Jr., they emphasized that the evidence failed to establish his participation beyond reasonable doubt.

With respect to the defense of Ronald Jimenez, the appellants argued that the prosecution testimony was not credible. They also argued that if Teofila’s testimony were disregarded, the evidence would be insufficient to convict Cresencio Jimenez, Jr., and they treated the implication of other accused as an attempt to portray conspiracy.

Ruling of the Trial Court and Appellate Review

The trial court convicted both appellants of murder. On appeal, the Supreme Court accorded respect to the trial court’s findings, reasoning that the trial court had the best opportunity to hear and observe the witnesses and to weigh their testimony. The Court rejected the attack on Teofila Areglado’s testimony as basis for overturning the verdict, and it addressed the specific defenses invoked by each appellant.

As to Ronald Jimenez, the Court noted that Ronald admitted killing Pio Areglado, but claimed self-defense. It held that once the accused invoked self-defense, it became incumbent upon him to prove the essential elements by clear and convincing evidence. The Court further stated that Ronald could not rely on the weakness of the prosecution. It relied on the premise that even if the prosecution evidence were weak, the admission of the killing would still prevent the accused from being absolved without establishing self-defense through sufficient proof.

The Court found Ronald’s self-defense claim negated by the autopsy findings of Dr. Ernesto Tamayo that the victim sustained five (5) wounds inflicted by different weapons, and it treated the nature and number of wounds as important indicia that disprove self-defense. It applied jurisprudential guidance that multiple and varied wounds inflicted during an encounter are inconsistent with a plea of self-defense, particularly where the circumstances show excessive force.

As to Cresencio Jimenez, Jr., the Court treated his main defense as alibi. It reiterated the doctrinal requisites for alibi to succeed: the accused must show he was at some other place at the time of the crime and that it was physically impossible for him to be at the crime scene either before or after the commission of the offense. The Court found those requisites unfulfilled because the distance from Cresencio Jimenez, Jr.’s house to the scene was about forty (40) meters, which meant physical impossibility was not established. It also held that even assuming he had fever, he did not show that the sickness prevented him from leaving home. The Court further emphasized that alibi is a defense considered inherently weak and difficult, and it could not prevail against the positive identification by

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