Title
People vs. Prieto
Case
G.R. No. 141259
Decision Date
Jul 18, 2003
Lambertino Prieto, Geraldo's nephew, murdered him during a nighttime attack; Dulcesima identified him despite his alibi. Convicted of murder with treachery, he was sentenced to reclusion perpetua.

Case Summary (G.R. No. 141259)

Factual Background

The prosecution portrayed the Prieto family as residing in a rural farm at Sitio Titip, Barangay Sibacan, Danao City, where Geraldo and Dulcesima Prieto lived with their sixteen-year-old daughter, Liliosa. Their farm production included mango trees, bananas, and cassava. About thirty meters away lived Lambertino Prieto, Geraldo’s nephew and son of Ciriaco Prieto, Geraldo’s first cousin. Lambertino frequently visited his uncle’s house and kept company with Geraldo during drinking sprees. Although he lived in Danao City with his mother, he also maintained a house near the farm and worked there about once a week.

By the end of June 1995, the spouses had sold farm produce and earned P40,000.00, which they kept in their house. On July 2, 1995, Dulcesima was working in the farm while Lambertino sprayed the mango trees. He asked Dulcesima what she was doing, and she replied that she was weeding grasses. On the evening of July 4, 1995, Geraldo and Dulcesima slept in the ground-floor bedroom, while Liliosa slept upstairs. A kerosene lamp illuminated the sala area near the bedroom door. Outside, it was raining heavily. Before sleeping, they had dimmed the kerosene lamp.

At about 9:00 p.m., the couple were awakened by a voice calling out in Cebuano—“Tay, tay, abli, kay mopalit kog lamas!” (translated as “Tay, Tay, open, I want to buy spices!”). Dulcesima recognized the voice as Lambertino’s and heard the dogs barking. She cautioned Geraldo not to open the door. Geraldo ignored her warning and went out to the door. Dulcesima was just about a meter behind him, with the kerosene lamp within their range, placed on a chair roughly three feet high.

Dulcesima then saw Lambertino armed with a stainless knife. A white handkerchief was tied over the lower part of Lambertino’s face, covering his mouth. Without Dulcesima being able to utter a word, Lambertino barged in and stabbed Geraldo in the abdomen and the lower part of the chest. Geraldo fell to the floor. Lambertino faced Dulcesima and punched her in the face. Another male person entered, while two more stayed outside. Dulcesima tried to pull a bolo from the wall but was confronted with the attacker’s actions. As Dulcesima’s attempt continued, the handkerchief covering Lambertino’s face fell, enabling her to confirm that the assailant was indeed Lambertino.

After the stabbing, Lambertino kicked the chair where the kerosene lamp was placed to obscure his identity. The lamp fell to the floor. He attempted to take Dulcesima’s earrings but failed. Dulcesima shouted for help, and the attackers exited through a window, leaving Geraldo mortally wounded on the floor while Dulcesima trembled with fear.

Neighbors responded to the cries. Toribia, a neighbor, heard Dulcesima’s calls and summoned others. Toribia later ran to the house of Francisco Ejolen, who then rushed to the Prieto residence. Felix Capuno, living about sixty meters away, heard the neighbor shouting and took a flashlight with his son, Romulo, to help. When Felix and Romulo were about five arm’s lengths away, Felix saw two persons jump through the window in sequence; focusing his flashlight on them, he recognized Lambertino as the second man. Felix saw Lambertino armed with a knife. Felix then saw Dulcesima come out holding the kerosene lamp, and he rushed to the house. He found Geraldo sprawled on the floor with bloodied hands covering his abdominal wounds. Geraldo died before they reached the hospital, but during transit he told his relatives that he had been stabbed and nearly robbed by Lambertino.

Medical Findings

An autopsy conducted on July 5, 1995 by Dr. Jose Arturo Allego resulted in postmortem findings describing two stab wounds: one in the left anterolateral chest area and another in the abdomen located near the umbilicus, with protrusion of the small intestine and omentum. The cause of death was internal hemorrhage due to the abdominal stab wound with protrusion of the small intestine and omentum.

Trial Court Proceedings and Conviction

Upon indictment for murder with conspirators of unknown identity, Lambertino entered a plea of not guilty after arraignment on January 19, 1996. After trial, the RTC rendered judgment on August 11, 1999, convicting Lambertino of murder, sentencing him to reclusion perpetua, and directing him to pay the heirs P75,000.00 as indemnity. The RTC credited and gave full probative weight to prosecution testimony, particularly that of Dulcesima Prieto and corroborative testimony from Angelino Prieto and Felix Capuno.

The Parties’ Contentions on Appeal

On appeal, Lambertino denied guilt and argued that the prosecution failed to establish beyond reasonable doubt that he killed Geraldo. He also asserted that the RTC erred in rejecting his defense of alibi. He further challenged Dulcesima’s identification, contending that identification was impossible because of the heavy downpour and pitch darkness, the masking of the assailant, the limited illumination from the kerosene lamp, and alleged improbabilities in the sequence of events. He argued that Dulcesima could not have confirmed his identity because (a) rain and darkness prevailed, (b) the assailant wore a mask, (c) the handkerchief could not have fallen unless Dulcesima pulled it down, (d) Dulcesima and Geraldo allegedly did not reveal the assailant’s identity when neighbors arrived, (e) the testimony allegedly conflicted with physical evidence regarding the number of stabs, and (f) Felix’s alleged observations regarding window-jumping were supposedly inconsistent with the time lapse.

The appellant’s reasoning also urged that Dulcesima’s and Felix’s testimony should have been disbelieved. He insisted that the RTC misappreciated the credibility and probative value of the witnesses.

Appellate Court’s Evaluation of Identification and Credibility

The Court sustained the RTC’s assessment of testimonial credibility and emphasized that trial court findings on credibility, demeanor, and conduct are entitled to high respect and are generally conclusive unless the trial court ignored, misconstrued, or misinterpreted material facts.

The Court found no persuasive basis to overturn the RTC’s conclusions. It held that Dulcesima recognized Lambertino through his voice when he called out to open the door with an apparent pretext of buying spices. It further noted that Dulcesima had known Lambertino personally for years. Lambertino had been a neighbor for years and frequented the victim’s house for drinking sprees, and the widow had talked with him in farm-related interactions before the incident. The Court treated voice identification as acceptable where the witness and accused had known each other closely and personally for a number of years.

The Court also rejected the appellant’s claim that the premises were in total darkness. It explained that the kerosene lamp provided illumination. The Court relied on testimony showing that the lamp was placed on a chair about a meter from the door to the bedroom area, and Dulcesima was less than a meter behind Geraldo when the door opened. The Court further found that after the stabbing, Dulcesima and Lambertino were face to face and Dulcesima testified that she saw Lambertino’s face. The Court noted that when Dulcesima attempted to grab the bolo after Lambertino punched her, the white handkerchief used as a mask fell off, allowing her to see and recognize Lambertino without the covering. It held that the later kicking of the chair and lamp by Lambertino supported the narrative of concealment and escape.

The Court likewise found plausible the prosecution’s explanation of the mask and its falling off, and it treated the defense arguments as matters that did not outweigh the trial court’s direct observation of witness testimony. It also ruled that Felix’s identification was credible, as Felix testified that his flashlight illuminated the window-jumping intruders and he recognized Lambertino as the second man armed with a knife.

Rejection of the Defense of Alibi

The Court rejected Lambertino’s alibi and characterized it as the weakest defense because it is easy to fabricate and difficult to disprove. It reiterated that for alibi to prosper, the accused must prove with clear and convincing evidence that at the time of the crime he was in another place so that he was physically impossible to be at the situs criminis.

The appellant claimed he was at the house of Atty. Exuperio Gonzales in Villa Socorro, Danao City, approximately thirty kilometers away, on the afternoon and evening of July 4, 1995, and worked on constructing a chicken cage. The Court treated the alibi as insufficient because the appellant and his mother did not promptly inform authorities that he was at Atty. Gonzales’s place. It also considered testimony about the timing of when the appellant’s mother allegedly learned that Lambertino was a suspect. The Court found the circumstances unconvincing.

Nature of the Crime and Aggravating Circumstances

The RTC had convicted Lambertino of murder qualified by treachery, with dwelling as an aggravating circumstance. The Court agreed on the elements of murder and treachery. It held that treachery attended the killing because Lambertino suddenly and without provocation stabbed Geraldo twice—at the chest and abdomen—when the unarmed victim opened the door to his house.

The Court treated dwelling as aggravating in nature because the killing occurred in

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