G.R. No. 96444 - People vs. Pajares y Florentino

Case Summary (G.R. No. 96444)

Factual Background

On the night of October 11, 1985, Diosdado Viojan and Renato Perez walked toward a store on Gomez Street, Paco, Manila. According to Renato Perez's testimony, appellant appeared from behind and struck Viojan on the back of the head with a baseball bat. Viojan ran a short distance, fell near the store of Alex Blas, and later died while undergoing surgery. Perez was then struck at the back below the left shoulder and was mauled by companions of the assailant until he lost consciousness. The baseball bat later identified at trial was introduced by the prosecution.

Procedural History and Charges

Appellant was charged by Information with Murder in Criminal Case No. 85-40579 and with Frustrated Homicide in Criminal Case No. 85-40580; he pleaded not guilty to both charges. Upon appellant's petition, the two cases were consolidated for a joint trial. The trial court convicted appellant of Murder as defined in Art. 248, par. 1, Rev. Penal Code, and of Slight Physical Injuries in the other case, and sentenced him on October 25, 1990. Appellant filed the present appeal, docketed G.R. No. 96444, which the Supreme Court resolved on June 23, 1992.

Evidence Presented at Trial

The prosecution presented several witnesses, chief among them Renato Perez, who positively identified appellant as the person who struck the deceased from behind. Police witnesses testified to bringing appellant to the station and to statements and entries in the police blotter. Forensic testimony included that of Salud Manguba, who reported the absence of blood on the baseball bat; and of doctors Norman Torres and Prospero Cabanayan, who testified that the fatal injury was consistent with a forceful blow by a blunt instrument and that the cause of death was severe traumatic meningeal hemorrhage. The prosecution also introduced a sworn statement of a brother of appellant and police blotter entries reflecting an earlier mauling of that brother.

Defense Case

Appellant testified in his own defense and asserted an alibi. He claimed that he was inside Alex Blas’s store, watching television with about eight others, and that he left on advice of Alex Blas to avoid involvement. He stated that he went home and slept and that he was arrested at about 3:30 a.m. Appellant contended that he was coerced into admitting participation during police interrogation, alleging that a gun was pointed at him and that he signed the booking sheet without being allowed to read it. He denied knowledge of any quarrel between his brother and the deceased.

Issues on Appeal

Appellant’s principal contentions on appeal were that the trial court erred in imposing the penalty of reclusion perpetua because such punishment allegedly amounted to cruel, degrading, or inhuman punishment in violation of the Constitution; and that the mitigating circumstance of immediate vindication of a grave offense under Art. 13, par. 5, Rev. Penal Code should have applied because his brother had been mauled hours earlier, together with the fact that appellant was nineteen years old at the time of the offense, meriting a reduced penalty.

Ruling of the Supreme Court

The Supreme Court affirmed the conviction for Murder and the conviction for Slight Physical Injuries, and modified the award of indemnity by increasing it to P50,000.00 in accordance with the Court’s policy. The Court found no merit in appellant’s constitutional objection to the penalty. It sustained the trial court’s credibility determination in favor of the prosecution witnesses, particularly Renato Perez, and upheld the finding that the crime was attended by treachery.

Legal Basis and Reasoning

The Court deferred to the trial court’s assessment of witness credibility, observing that the trial court alone had the opportunity to observe demeanor, tone, and mannerisms, and citing People v. Santito, Jr., G.R. No. 91628, August 22, 1991 and People v. Arroyo, G.R. No. 99258, September 13, 1991, for the principle that appellate review normally will not disturb credibility findings. The Court held that appellant’s alibi was the weakest defense and that it failed because appellant was shown to have been within the vicinity of the crime and was positively identified by Perez; the Court relied on the standard stated in People v. Lacao, Sr., G.R. No. 95320, September 4, 1991, that an alibi must be so convincing as to preclude any doubt of physical presence. The Court upheld the finding of treachery, noting that striking the victim from behind with a baseball bat without warning precluded any defense by the victim and satisfied the definition of treachery as articulated in People v. Cuyo, G.R. No. 76211, April 30, 1991. The Court rejected appreciation of immediate vindication as a mitigating circumstance because there was an interval of about ten hours between the mauling of appellant’s brother and the killing; the lapse was sufficient for appellant to regain composure, citing People v. Benito, G.R. No. L-32042, December 17, 1976.

Sentence, Civil Indemnities, and Other Penalties

The trial court had sentenced appellant to suffer reclu

Case Syllabus (G.R. No. 96444)

Parties and Posture

People of the Philippines prosecuted the case against Leandro Pajares y Florentino, who was the accused-appellant below and on appeal.
The accused was charged in two Informations with Murder and Frustrated Homicide in Criminal Case Nos. 85-40579 and 85-40580 respectively.
The trial court, Regional Trial Court, NCJR, Branch VIII, Manila, rendered a decision dated October 25, 1990 convicting the accused of Murder and of Slight Physical Injuries in the consolidated trial, prompting this appeal.
The Supreme Court, Second Division, resolved the appeal and issued the decision reported in this record.

Key Facts

On the night of October 11, 1985, victims Diosdado Viojan and Renato Perez were walking together near Gomez Street, Paco, Manila when an assailant struck Viojan in the back of the head with a baseball bat, causing fatal injury.
Renato Perez was also struck in the back below the left shoulder and was mauled by companions of the assailant, but survived after medical treatment at the Philippine General Hospital.
The accused was identified at the scene by Renato Perez as the person who wielded the baseball bat.
The accused asserted an alibi that he was inside the store of Alex Blas watching television at the time of the incident and denied participation in the assault.
The accused's brother, Roberto Pajares, had been mauled earlier that day by companions of the deceased, an incident recorded in the police blotter and in sworn statements.

Evidence Presented

Renato Perez testified as an eyewitness and positively identified the accused as the perpetrator and identified the baseball bat in court.
Police testimony established that the accused was brought to the station and that the accused made a verbal admission implicating himself according to Cpl. Benigno Dong.
Forensic Chemistry report (Biology Report No. B-85-1342) showed absence of blood on the baseball bat as testified by Salud Manguba of the NBI.
Medical and forensic evidence included emergency room testimony by Dr. Norman Torres and autopsy report No. N-85-2161 by Dr. Prospero Cabanayan attributing death to severe traumatic meningeal hemorrhage consistent with a blunt instrument blow.
Police investigation exhibits included sworn statements by Renato Perez and Roberto Pajares, police blotter entries, and booking/arrest documents signed by the accused.

Defense

The accused pleaded not guilty and testified that he was inside Alex Blas's store watching television at the time of the assault.
The accused alleged coercion and physical maltreatment by police during interrogation and alleged that he signed the booking sheet and arrest report without counsel or opportunity to read them.
The accused argued that the earlier mauling of his brother constituted grave provocation or immediate vindication amounting to a mitigating circumst