SECOND DIVISION
[G.R. No. 115687. February 17, 2000]
PEOPLE OF THE
PHILIPPINES, plaintiff-appellee, vs. REYNALDO QUILLOSA y
FORMANES, accused-appellant.
D E C I S I O N
QUISUMBING, J.:
On appeal is the decision dated January 3,
1994, of the Regional Trial Court of Valenzuela, Metro Manila, Branch 171,[1] convicting appellant of the crime of murder,
imposing upon him the penalty of reclusion perpetua, and ordering him to
indemnify the heirs of the victim the amount of P50,000.00.
The facts, supported by the records, are as
follows:
On January 1, 1991, at about 5 o’clock in
the morning, at Santolan Road, General T. de Leon, Valenzuela, Metro Manila,
prosecution witness Roberto Vasquez was on his way to church when he saw the
victim Ambrosio Ilocto, also known as "Mang Bosiong", walking some
four or five meters ahead of him. Suddenly, three men blocked Mang Bosiong’s
way. While appellant held Mang Bosiong’s right hand, the second man held his left
hand, and the third man stabbed Mang Bosiong, with a knife, three times. When
Mang Bosiong fell, appellant remarked, "Leo that is enough, he would
die." Then the three (3) men fled. Prosecution witness Vasquez
testified that he knew appellant by name since they used to be neighbors, and
that he recognized the second assailant by face, but he did not know the third
man. Mang Bosiong was rushed to the hospital for medical treatment where he was
pronounced dead on arrival.[2]
Only appellant was apprehended. After due
preliminary investigation,[3] appellant, together with John Doe and Peter Doe,
were charged with the crime of murder under the following Information:[4]
"That on or
about the 1st day of July 1992 in Valenzuela, Metro Manila and within the
jurisdiction of this Honorable Court the above-named accused, conspiring
together and mutually helping one another, without any justifiable cause, with
treachery, evident premeditation and abuse of superior strength and with
deliberate intent to kill, did then and there willfully, unlawfully and
feloniously attack, assault and stab with a pointed weapon on the different
parts of the body one AMBROCIO ILOCTO y SANTOS, thereby inflicting upon said
victim serious physical injuries which directly caused his death.
Contrary to law.
Valenzuela, Metro
Manila. July 9, 1992."
The Information was later amended to change
the date of the commission of the crime to January 1, 1991.[5] During trial, the Information was further amended to
reflect the true name of appellant, from "Rey" to
"Reynaldo" Quillosa.[6]
Upon arraignment, appellant entered a plea
of not guilty.[7] Accused John Doe and Peter Doe remain at-large.
The prosecution presented four witnesses,
namely (1) Roger Vasquez, the sole eyewitness to the stabbing incident; (2)
Paulino F. Ilocto, son of the victim; (3) SPO1 Virgilio M. Villano, a police
investigator assigned at the Valenzuela Police Station, and (4) Dr. Bienvenido
Muñoz, medico-legal officer of the National Bureau of Investigation. The
testimonies of Ilocto and SPO1 Villano were dispensed with, on stipulation of
the parties that they would testify on the following matters:[8]
"PAULINO
ILOCTO:
1. That he is the son of victim Ambrocio
Ilocto;
2. That on January 1, 1991 at around 5:00 in
the morning, he was informed that his father was stabbed;
3. That he proceeded to the Fatima Hospital
and found the lifeless body of his father with stab wounds in different parts
of the body;
4. That he executed a statement.
SPO2 VIRGILIO
VILLANO:
1. That he is a police investigator assigned
at the Station Investigation Division at the Valenzuela Police Station;
2. That on January 1, 1991 at 6:00 in the
morning, an employee of Our Lady of Fatima Hospital informed him that a
stabbing victim was brought to said hospital;
3. That he was instructed to go to the Our
Lady of Fatima Hospital and found the lifeless body of the victim;
4. That from the hospital, he proceeded to
the crime scene and conducted an investigation and a witness identified the
assailant as the accused and other John Doe."
Likewise, the direct examination of Dr.
Muñoz was dispensed with after the defense admitted the existence and the due
execution of the Autopsy Report No. N-911-14, the Post Mortem findings, cause
of death, and the signatures therein.[9] On cross-examination, Dr. Muñoz testified that the
victim sustained three (3) stab wounds but the immediate cause of death was the
piercing of the right lung by a broken rib.[10]
For the defense, appellant and his childhood
friend, Buenaventura Jose, Jr., testified. Appellant denies participation in
the stabbing incident and contends that at the time of the stabbing, he was in
Baliuag, Bulacan, with Jose, celebrating the New Year’s Day by going from one
drinking session to another. For his part, Jose testified that he was with
appellant from December 31, 1990, until around 7:00 in the evening of January
1, 1991. Appellant claims he does not know prosecution witness Roberto Vasquez,
the victim, Ambrosio Ilocto, or the latter’s son. In fact, he knew nothing
about the case prior to his apprehension on April 4, 1993.[11]
On January 3, 1994, the trial court rendered
a decision[12] finding appellant guilty of murder, the killing
having been qualified by treachery. The trial court also found conspiracy. The
dispositive portion of the decision states:
"ACCORDINGLY,
finding accused Reynaldo Quillosa Guilty beyond reasonable doubt of the offense
charged, he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA.
The accused is
hereby ordered to indemnify the heirs of the deceased Ambrocio Ilocto the
amount of P50,000.00.
SO ORDERED."
Hence, the present appeal. Appellant
contends that the lower court gravely erred:[13]
1. IN GIVING STRONG CREDIT AND PROBATIVE
VALUE TO THE TESTIMONY OF ROGER VASQUEZ, THE ALLEGED LONE WITNESS TO THE CRIME
BY OVERLOOKING CERTAIN FACTS OF SUBSTANCE AND VALUE THAT WOULD HAVE WARRANTED
ACQUITTAL OF THE ACCUSED.
2. IN NOT GIVING CREDENCE TO THE DEFENSE OF
ALIBI.
3. IN NOT CONSIDERING THE EXPERT TESTIMONY OF
DR. BIENVENIDO MUNOZ THAT THE CAUSE OF DEATH IS NOT DUE TO THE STAB WOUNDS
INFLICTED.
4. IN APPRECIATING THE ELEMENT OF TREACHERY
AND OTHERS AS AGAINST THE HEREIN ACCUSED-APPELLANT.
In his brief, appellant assails the
credibility of sole eyewitness Vasquez, considering the inconsistencies in his
testimony with respect to Vasquez’s actual address in Valenzuela, the actual
date when he subscribed to his sworn statement, and the number of assailants.
Appellant insists that his alibi should have been given credence since Vasquez
was unable to positively identify the number of assailants. Appellant also
makes much of the fact that the prosecution witnesses could not ascribe any
motive for appellant to take part in the killing. Further, the medico-legal
officer testified that the cause of death was not the stab wounds but the
piercing of the right lung by a broken rib. Anent the qualifying circumstance
of treachery, appellant contends that mere holding of the hand of the victim
does not per se indicate conspiracy.
For the State, the Office of the Solicitor
General emphasizes that appellant was positively identified as one of the
assailants. The alleged inconsistencies in Vasquez’ testimony refer to minor
details, which do not affect his credibility. The OSG debunks the defense of
alibi considering that appellant himself admitted that he used to go to
Valenzuela from Bulacan from time to time. Although the immediate cause of
death of the victim was a broken rib penetrating the victim’s lungs, Dr. Muñoz
testified that the three stab wounds contributed to his death. Surely, the OSG
argues, it is undeniable that the victim died as a result of the attack upon
him by appellant and his companions.
In sum, the issues raised by appellant
pertain to the assessment of credibility of the sole eyewitness and the
attendance of the qualifying circumstance of treachery.
We have long held that "the testimony
of a single eyewitness is sufficient to support a conviction so long as it is
clear, straightforward and worthy of credence by the trial court.[14] Prosecution witness Vasquez testified that he knew
both appellant and his companion since they frequented the place of the
stabbing incident as "standby" ("istambay").[15] Identification is facilitated by the fact that the
person has gained familiarity with another.[16] In this case, the minor consistencies pointed out by
appellant do not refer to the crux of the matter, which is his participation in
the commission of the crime. Minor and inconsequential flaws in the testimony
of the witness strengthen rather than impair his credibility.[17] Further, contradictions between the contents of an
affiant’s affidavit and his testimony on the witness stand do not always
militate against the witness’ credibility because it has long been within
judicial notice that affidavits, which are usually taken ex parte, are
often incomplete and inaccurate.[18]
Appellant claims that the prosecution could
not attribute any motive for the killing. We have laid down the rule that where
a reliable eyewitness has fully and satisfactorily identified the accused as
the perpetrator of the felony, motive becomes immaterial in the successful
prosecution of a criminal case.[19] Thus, whether or not appellant had a reason to take
part in the killing, his conviction may still follow from the untraversed
identification made by prosecution witness Vasquez. It is settled that motive
is not essential for conviction for a crime when there is no doubt as to the
identity of the culprit, and that lack of motive for committing the crime does
not preclude conviction for such crime when the crime and participation of the
accused are definitely proved.[20]
What is more important to our mind is the
fact that appellant could not attribute any motive for prosecution witness
Vasquez to testify falsely against him. Vasquez explained that he voluntereed
to testify two days after the incident when he has already calmed down and was
no longer afraid.[21] Where there is no evidence that the principal
witness for the prosecution was actuated by improper motive, the presumption is
that he was not so actuated and his testimony is entitled to full faith and
credit.[22]
Appellant further raises the argument that
the cause of death was not the three stab wounds inflicted on the victim, but
rather, as testified by Dr. Muñoz, the piercing of the right lung by a broken
rib. This fact, appellant insists, shows that there was no intent to kill. The
argument is untenable. In this case, the testimony of the lone eyewitness that
appellant’s companion stabbed the victim three times is corroborated by the
autopsy report. Vasquez further testified that the victim was stabbed at around
5:00 in the morning, while the autopsy report, the due execution and
authenticity of which was duly admitted by the defense, placed the time of
death at about 5:00 A.M.. The unbroken chain of events from the appellant’s
participation in the stabbing of the victim to the latter’s death induces no
other conclusion than that the accused’s acts led to the victim’s death.[23]
Appellant’s defense of alibi holds no water,
for he himself admitted "that he had occasions to go to Valenzuela,
Metro Manila from November 20, 1990 up to April 1993 whenever he has nothing to
do in Baliuag."[24] It is not enough to prove that appellant was
somewhere else when the offense was committed. It must likewise be shown by the
defense that he was so far away so that it was not possible for him to have
been physically present at the place of the crime or its immediate vicinity at
the time of its commission.[25] For the defense of alibi to prosper, the
requirements of time and place must be strictly met.[26] These appellant failed to do. We have held that
where there is even the slightest chance for the accused to be present at the
crime scene, the alibi will not hold.[27] Further, alibi becomes less plausible when it is
corroborated by close friends who may not be impartial witnesses.[28] Thus, in the light of the positive identification of
appellant as one of the perpetrators of the crime, his defense of alibi and
denial cannot be sustained.[29]
As to appellant’s participation in the
killing, the Court in previous cases have held that holding the hand of the
victim to render him immobile while he is being stabbed amounts to an act of
indispensable cooperation without which the crime would not have been accomplished.[30] Appellant’s act of holding the right arm of the
victim, while another held the left arm, thus enabling their third companion to
stab the victim, shows that they acted together with one purpose and design to
kill the victim.[31]
As to the crime committed, we find that
treachery attended the commission of the offense, hence the crime is murder.
For treachery to be present, two conditions must be shown: (1) the employment
of means of execution that give the person attacked no opportunity to defend or
retaliate; and (2) the deliberate or conscious adoption of the means of
execution.[32] In this case, appellant and another person held the
hands of the victim to enable their companion to stab him while he was in a
defenseless position. While abuse of superior strength was alleged in the
Information, it is already absorbed in treachery and need not be appreciated
separately.[33] Evident premeditation was not proven by the
prosecution.
At the time of the commission of the crime,
the prescribed penalty for murder was reclusion temporal in its maximum
period to death. In view of the suspension of the death penalty by the 1987
Constitution, and there being no aggravating or mitigating circumstances, the
trial court correctly imposed the penalty of reclusion perpetua.
The award of P50,000.00 as death indemnity
is likewise affirmed. No proof was adduced as to actual and moral damages
sustained by the heirs of the victim. Hence, for lack of legal basis, none can
be awarded.[34]
WHEREFORE, the decision of the trial court finding appellant
Reynaldo Quillosa y Formanes guilty beyond reasonable doubt of the crime of
murder and sentencing him to reclusion perpetua and to indemnify the
heirs in the amount of P50,000.00, is hereby AFFIRMED. Costs against appellant.
SO ORDERED.
Bellosillo, (Chairman), Mendoza, and De Leon, Jr., JJ., concur.
Buena, J., on official leave.
[1] Judge Adriano R. Osorio, presiding.
[2] TSN, August 2, 1993, pp. 2-4; TSN, August 6, 1993, pp. 2-6; TSN, September 3, 1993, p. 2.
[4] Id. at 1.
[5] Id. at 21-27, 37.
[6] TSN, December 17, 1993, p. 2.
[7] Order dated April 28, 1993, Records, p. 16.
[8] Order dated August 30, 1993, Records, p. 54; Order dated September 3, 1993, Records, p. 56.
[9] Order dated October 11, 1993, Records, p. 71.
[10] TSN, October 11, 1993, pp. 4-5.
[11] TSN, November 12, 1993, pp. 4-8; TSN, November 29, 1993, pp. 3-5; TSN, December 17, 1993, pp. 2-5.
[12] Records, pp. 109-116.
[13] Appellant’s Brief, Rollo, p. 46.
[14] People v. Lotoc, G.R. No. 132166, May 19, 1999, p. 11; People v. Platilla, G.R. No. 126123, March 9, 1999, p. 14.
[15] TSN, August 2, 1993, p. 3; TSN, August 6, 1993, p. 2.
[16] People v. Fajardo, G.R. No. 105954-55, September 28, 1999, p. 8; People v. Mante, G.R. No. 129694, August 18, 1999, p. 10; People v. Reyes, G.R. No. 120642, July 2, 1999, p. 11; People v. Matubis, 288 SCRA 210, 221 (1998); People v. Castillo, 261 SCRA 493, 501 (1996).
[17] People v. Sabalones, 294 SCRA 751, 794 (1998).
[18] People v. Manlapaz, G.R. No. 129033, June 25, 1999, pp. 9-10; People v. Tanilon, 293 SCRA 220, 229 (1998).
[19] People v. Castillo, 273 SCRA 22, 32 (1997); People v. Lovedioro, 250 SCRA 389, 402 (1995).
[20] People v. Tan, G.R. No. 132324, September 28, 1999, p. 18; People v. Laceste, 293 SCRA 397, 408 (1998).
[21] TSN, August 6, 1993, p. 2.
[22] People v. Alfeche, 294 SCRA 352, 376 (1998); People v. Mostrales, 294 SCRA 701, 712 (1998).
[23] People v. Sumalpong, 284 SCRA 464, 485 (1998); People v. Landicho, 258 SCRA 1, 31 (1996); See also United State v. Brobst, 14 Phil. 310 (1909).
[24] Decision, Rollo, p. 69.
[25] People v. Verde, G.R. No. 119077, February 10, 1999, p. 16.
[26] People v. Bernaldez, 294 SCRA 317, 331 (1998).
[27] People v. Francisco, G.R. No. 110873, September 23, 1999, p. 8.
[28] People v. Añonuevo, 262 SCRA 22, 37 (1996); People v. Camat, 256 SCRA 52, 67 (1996); People v. Danao, 253 SCRA 146, 153-154 (1996).
[29] People v. Daraman, 294 SCRA 27, 45 (1998); People v. Manalili, 294 SCRA 220, 250-251 (1998); People v. Sabalones, 294 SCRA 751, 798 (1998).
[30] People v. Obello, 284 SCRA 79, 93 (1998); citing People v. Montealegre, 161 SCRA 700, 707 (1988).
[31] People v. Azugue, 268 SCRA 711, 725 (1997); People v. Dinglasan, 267 SCRA 26, 45 (1997).
[32] People v. Bahenting, G.R. No. 127659, February 24, 1999, p. 9.
[33] People v. Gutierrez, 302 SCRA 653, 665 (1999).
[34] People v. Maramara, G.R. No. 110994, October 22, 1999, p. 9.