G.R. No. 86883-85 - People vs. Manero Jr.

Case Summary (G.R. No. 86883-85)

Factual Background

On 11 April 1985 the Manero brothers and several companions assembled at the eatery of Reynaldo Deocades in Km. 125, La Esperanza, Tulunan, Cotabato, and discussed plans to liquidate persons they suspected of communist sympathies. Placards were posted and a list of intended victims was prepared. During the afternoon the group, armed with assorted firearms, proceeded to the house of Rufino Robles (known as Bantil) and shot at him; Robles was wounded but escaped. Later, at about 5:00 p.m., Father Tulio Favali, an Italian missionary, arrived on his motorcycle, which Norberto Manero, Jr., and another towed into the highway and burned. When Father Favali protested, he was accosted and shot in the head by Edilberto Manero; subsequent repeated shots and kicks fractured and scattered his skull, and the assailants mocked and celebrated the murder in the presence of bystanders.

Procedural History

Police undertook a manhunt which resulted in the arrest of several participants and the filing of consolidated informations: Crim. Case No. 1881 for Murder, Crim. Case No. 1884 for Attempted Murder, and Crim. Case No. 1883 for Arson. After trial, the Regional Trial Court convicted eight accused for Murder with the aggravating circumstances of superior strength and treachery and sentenced each to reclusion perpetua; it also convicted the same accused for Attempted Murder and sentenced them under the Indeterminate Sentence Law, and convicted Norberto Manero, Jr., for Arson. The trial court imposed civil indemnity, attorneys’ fees, court appearance fees, moral damages, and other costs. Only accused-appellants Severino Lines, Rudy Lines, Efren Plenago and Roger Bedano appealed as to Murder and Attempted Murder; the judgments as to the other accused became final.

The Parties’ Contentions on Appeal

The accused-appellants principally argued that the trial court erred in rejecting their defenses of alibi and in finding them part of any conspiracy. They maintained that they were physically absent from the locus criminis for the relevant time; that the original intended victim was another Italian priest, Fr. Peter Geremias, not Fr. Tulio Favali; that only Edilberto Manero discharged the fatal shots; and that mere proximity to the shooter did not establish cooperation in the killing.

Evidentiary Findings by the Trial Court

The trial court credited positive eyewitness testimony from Reynaldo Deocades and Manuel Bantolo that the Manero brothers and the accused-appellants were together at the eatery at about 10:00 a.m., remained in the company of the group when Robles was shot at about 4:00 p.m., and were at the scene when Father Favali’s motorcycle was burned and when the priest was shot and killed at about 5:00 p.m. The court found numerous overt acts by the group: posting of placards, the shooting of Robles, surrounding the house of Domingo Gomez to prevent escape, burning the motorcycle, and positioning themselves with firearms to isolate the priest and prevent aid. The fact of celebration and mockery after the killing was also found.

Legal Characterization: Conspiracy and Participation

The Court affirmed the trial court’s finding of a common design and conspiracy. Citing Art. 8, Revised Penal Code, the Court explained that conspiracy exists where two or more persons agree to commit a crime and decide to commit it, and that it is not essential that each conspirator perform every act constitutive of the offense. The Court held that appellants’ presence at the planning, participation in acts that ensured the consummation of the crimes, and their concerted actions in guarding and isolating victims demonstrated a unity of purpose and execution sufficient to make the act of one the act of all.

Assessment of the Defense of Alibi and Identification

The Court rejected the alibi defense because appellants failed to show physical impossibility of presence at the scene given the proximity of their alleged locations and because positive identification by prosecution witnesses defeated a negative alibi. The Court applied prevailing doctrine that an alibi cannot prevail against positive eyewitness identification and that mere temporal or geographical remoteness insufficient to establish physical impossibility does not exculpate.

Criminal Liability Despite Non-delivery of the Fatal Shot

The Court recognized that appellants may not have fired the fatal shots but concluded that their overt acts in furtherance of the conspiracy rendered them criminally liable for Murder and Attempted Murder. The substitution of Father Favali for the intended target did not absolve conspirators because the group had agreed that any Italian priest would do if the original target were absent; thus the object of the conspiracy was effectively the killing of an Italian missionary and the actual victim fell within the agreed substitute.

Civil Liability, Damages and Modifications by the Supreme Court

The Court reviewed the civil awards. It held that the trial court erred in awarding moral damages to the Pontifical Institute of Foreign Mission (PIME) because a juridical person cannot suffer physical or moral anguish as a natural person does; moral damages require proof of moral suffering and such proof was lacking by the deceased’s heirs. The Court nevertheless awarded exemplary damages of PHP 100,000 to the lawful heirs because the murder was committed with aggravating circumstances including superior strength and cruelty, as contemplated by Art. 2230, Civil Code. The civil indemnity previously

Case Syllabus (G.R. No. 86883-85)

Parties and Procedural Posture

People of the Philippines instituted criminal informations for Murder, Attempted Murder and Arson arising from events on 11 April 1985.
The accused in the Murder information were Norberto Manero, Jr., Edilberto Manero, Elpidio Manero, Severino Lines, Rudy Lines, Efren Plenago, Roger Bedano and Rodrigo Espia.
The Attempted Murder information named the same accused except for Arsenio Villamor, Jr., John Doe and Peter Doe.
The Arson information charged only Norberto Manero, Jr. for burning the motorcycle of the deceased.
The cases were consolidated and tried in Branch 17 of the Regional Trial Court, Kidapawan, Cotabato, which convicted the principal accused and imposed penalties and monetary awards.
Only Severino Lines, Rudy Lines, Efren Plenago and Roger Bedano appealed from the convictions for Murder and Attempted Murder.
The judgments of conviction as to the other accused became final when they did not appeal.

Key Facts

On 11 April 1985, at about 10:00 a.m., the Manero brothers and the appellants met at the eatery of Reynaldo Deocades at Km. 125, La Esperanza, Tulunan, Cotabato, and discussed plans to liquidate alleged communist sympathizers.
Placards and a cigarette wrapper listed intended victims including Fr. Peter Geremias and Rufino Robles and included a proviso to kill another Italian priest if Fr. Peter could not be found.
At about 4:00 p.m., the group, armed with firearms, confronted Rufino Robles and Edilberto Manero shot at him, causing wounds and an attempted murder.
At about 5:00 p.m., Fr. Tulio Favali arrived and entered Domingo Gomez’s house while his motorcycle was towed out and burned by Norberto Manero, Jr..
Edilberto Manero shot Fr. Favali in the head and, with repeated kicks and gunfire by others present, the priest’s head was shattered and his brain scattered on the road.
Eyewitnesses Reynaldo Deocades and Manuel Bantolo testified to the presence of the appellants with the Manero brothers from morning until the killing.

Procedural History

The trial court found the accused guilty beyond reasonable doubt of Murder with the aggravating circumstances of superior strength and treachery and sentenced each of eight accused to reclusion perpetua.
The trial court found Norberto Manero, Jr. guilty of Arson and imposed an indeterminate sentence under the Indeterminate Sentence Law.
The trial court found the accused guilty of Attempted Murder and imposed indeterminate sentences under the Indeterminate Sentence Law.
The trial court awarded civil indemnity, attorneys’ fees, court appearance fees, moral damages to the Pontifical Institute of Foreign Mission (PIME) Brothers, and costs.
The appealed convictions for Murder and Attempted Murder reached the Court for review, resulting in the present decision.

Issues Presented

Whether the appellants successfully established the defense of alibi establishing physical impossibility of presence at the crime scene.
Whether the elements of conspiracy and concerted action were sufficiently proven to impute the criminal acts of one to all.
Whether the positive identifications of appellants by eyewitnesses should prevail over their alibi defenses.
Whether the trial court properly awarded moral damages to a juridical person and whether exemplary and civil indemnity awards were appropriate.

Parties' Contentions

Severino Lines, Rudy Lines, Efren Plenago and Roger Bedano contended that they were engaged elsewhere on 11 April 1985 and therefore established alibis that negated prior agreement to kill.
The appellants further contended that the intended victim was Fr. Peter Geremias and that only Edilberto Manero fired the fatal shots.
The People