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Republic of the Philippines SECOND DIVISION G.R. No. 130627 and 139477-78 - May 31, 2001 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. AGUEDA T. ALBA, ADRIANO GORTAYO, MARIBEL GORTAYO, SATURNINO REMBULAT, JR., DAVID KINGKING, ALICIA KINGKING, FRANCISCO ALOVERA, DANILO TOLIS, RONNIE GONZAGA,CLAUDIO ASPERA, AND JOHN DOES, accused. AGUEDA T. ALBA, ADRIANO GORTAYO, SATUNINO REMBULAT, JR., FRANCISCO ALOVERA AND RONNIE GONZAGA, accused-appellants. PARDO, J.:
A bitter and long drawn out dispute over the ownership and possession of a fishpond, covering an area of forty-one (41) hectares, located at Dongon West, Numancia, Aklan1 violently culminated in the bloody death of Roberto Acevedo. Accused stand charged with the gruesome murder--a reminder that nothing, much more material things or property, is worth bloodied hands. The Case The case is an appeal from the decision of the Regional Trial Court, Aklan, Brach 5, Kalibo2 finding accused Agueda T. Alba, Saturnino Rembulat, Jr., Francisco Alovera, Ronnie Gonzaga and Adriano Gortayo (hereafter, "Alba, Rembulat, Alovera, Gonzaga and Gortayo") guilty beyond reasonable doubt of murder for the killing Roberto Acevedo, and attempted of murder for the shooting of Julio Magcope, sentencing each penalty of two (2) years, four (4) months and one (1) day of prision correctional, as minimum, to six (6) years and one (1) day of prision mayor, as maximum, for attempted murder, to jointly and severally indemnify the heirs of Roberto Acevedo (hereafter, "Acevedo") the sum of P50,000.00 and P100,000.00 for funeral, burial and other necessary expenses and to pay the costs. The facts On July 25, 1990, at around seven o'clock in the morning, Randy Ricaforte (hereafter, "Ricaforte"),3 was working in a fishpond in Brgy, Dongon, Numancia, Aklan. After placing the potable water into a drum inside the hut, Ricaforte went to the fishpond's water gate. At the gate, accused David Kingking called out to him and asked Ricaforte to join him and others.4 Ricaforte testified that David Kingking was holding an M-16 armalite at that time. Ricaforte was brought to accused Alba who asked him if he was one of Acevedo's goons. Ricaforte answered in the negative and was then brought to accused Rembulat and Gortayo, both of whom were also carrying firearms. At this point, Rembulat and Gortayo started firing repeatedly at the hut5 where Acevedo was staying. Acevedo then started running out of the hut towards the fishpond tower.6 Gortayo continued to fire at Acevedo. When Acevedo reached the tower, Gortayo stopped firing his armalite and instead used his rifle grenade.7 After firing at the tower, Gortayo shouted, "Bobby, if we cannot get you now, we will get you tomorrow."8 Ricaforte also testified that he saw several of the accused, namely, Alicia Kingking, Danila Tolis and others whom he could not identify running towards the fishpond carrying pieces of wood.9 After the firing, accused brought to the house of a certain Belen Artated where he later heard, after two hours, the news that Acevedo was dead.10 The police later found the bullet ridden body of Acevedo under the tower, surrounded by sacks of fertilizer.11 Julio Magcope, Acevedo's caretaker (hereafter, "Magcope"), also testified that he saw Acevedo running towards the tower while being shot at. When accused Gonzaga and Alovera noticed Magcope, they started shooting at him with their armalites. Fortunately, Magcope managed to jump out of the line of fire, into the irrigation canal. He late on crawled towards the fishpond dike where he hid himself during the firing.12 On October 11, 1990, the First Assistant Provincial Prosecutor of Aklan filed with the Regional Trial Court, Kalibo, Aklan, an information against accused David Kingking, Alicia Kingking, Danila Tolis,13 Maribel Gortayo, Claudio Aspera and accused Alba, Rembulat, Alovera, Gonzaga, Gortayo and five other "Does"14 for "murder with and attempted murder", as follows:15
On January 22, 1991, accused Alba, Gonzaga and Rembulat submitted themselves to the jurisdiction of the court. Upon arraignment, they pleaded "not guilty" to the crimes charged.16 On April 18, 1991, accused Gortayo was likewise arraigned. He pleaded not guilty to the charges.17 On November 21, 1991, accused Alovera pleaded "not guilty" upon arraignment.18 After due trial, on June 18, 1997, the trial court rendered a decision, the dispositive of which reads:19
On June 24, 1997, accused Agueda T. Alba, Saturnino Rembulat, Jr., Fransisco Alovera, Ronnie Gonzaga and Adriano Gortayo filed their notice of appeal.20 On July 8, 1998, the court resolved to accept their appeal.21 Accused-appellants simply submits that their guilt was not established beyond reasonable doubt.22 The Court's Ruling We do not agree. The concept of "proof beyond reasonable doubt" does not entail absolute certainty of the fact that the accused committed the crime, and neither does it exclude the possibility of error.23 Only moral certainty is required.24 In the cases at bar, the quantum of proof beyond reasonable doubt was met. In People v. Villablanca,25 we held that the testimony of a single witness is sufficient to support a conviction where it is both positive and credible. How much more in this situation where two prosecution witnesses26 gave unflinching and reliable testimonies against accused appellants? Witnesses are weighed and not numbered. With this in mind, we sustain the convictions and discuss accused-appellants' individual culpabilities in seriatim. Francisco Alovera and Ronnie Gonzaga were categorically identified by prosecution witness Magcope. The latter testified that the accused-appellant both shot and fired at the tower where Acevedo took refuge. These are specific and overt acts that leave no doubt as to their guilt in the crime of murder. We agree with the trial court that Adriano Gortayo's culpability is indisputable. We adopt the trial court's reasoning, thus:27
Agueda T. Alba and Saturnino Rembulat Jr. are likewise guilty of the crime charged. True, they did not actually fire upon Acevedo. Still, their participation in the conspiracy to murder him is apparent. First, they were conspicuously present during the commission of the crime, in such a way that they could not be considered as innocent bystanders. Second, they arrived and left the scene of the crime with the other accused-appellants. Third, they did nothing to prevent or stop the successive shooting of the tower, where they knew Acevedo was hiding. Fourth, Alba had a motive to kill Acevedo on account of the dispute over the fishpond which has become more bitter through the years. We agree with the trial court: 28
In People v. Taliman,29 we held that coupled with enough circumstantial evidence, motive may be sufficient to support a conviction. Motive was clearly established in this case. Furthermore, we note that Alba and Gortayo were not immediately apprehended even after a warrant was issued for their arrest. They tried to flee. Flight indicates guilt, accused-appellants' act of not confronting their accuser goes against the principle that the first impulse of an innocent man when accused with wrongdoing is to express his innocence at the first opportune time.30 Alibi and denial, which are the defenses interposed by accused-appellants, are the weakest of all defenses31 and must fail given the straightforward, candid and positive testimonies of the prosecution witnesses.32 Besides, the rule is that the trial court's assessment of the credibility of witnesses is entitled to great respect. The court had the opportunity to observe the witnesses' demeanor and deportment on the witnesses stand.33 In fact, the trial court noted the deportment of the prosecution witnesses and hailed their manner of testifying as "straightforward.devoid of any court's decision, "The reliability and veracity of their (prosecution witnesses') testimonies cannot be suspect."35 Attempted Murder Given that there was a conspiracy, we likewise find all accused-appellants guilty of the crime of attempted murder. Magcope testified that he witnessed Acevedo being fired at. At this point, accused-appellants Gonzaga and Alovera started shooting at him with their armalites. The only reason why he was not injured was because he was able to jump out of the irrigation canal and was to crawl towards the fishpond dike where he did himself during the firing.36 In a conspiracy, the act of one is the act of all. Article 6 of the Revised Penal Code provides:
Clearly, there was an attempt to murder Magcope, a plan that would have been carried out if it weren't for Magcope's timely dodging of the shots fired at him. Penalties Imposed At the time of the commission of the offense of murder,37 the penalty imposable under Article 248 of the Revised Penal Code was reclusion temporal in its maximum period to death.38 There being no aggravating or mitigating circumstance that attended the murder, the proper imposable penalty is reclusion perpetua.39 Article 51 of the Revised Penal Code provides that "A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit the felony." Damages Awarded The records are bereft of any receipt or voucher to justify the trial court's award of actual damages for funeral and burial expenses. Hence, we delete the same. Every pecuniary loss must be established by credible evidence.40 An award of moral damages in the amount of fifty thousand pesos (P50,000.00) to the heirs of Acevedo is proper.41 Moral damages are also awarded taking into consideration the pain and anguish of the victim's family.42 Civil indemnity awarded for wrongful death in the amount of fifty thousand pesos (P50,000.00) is in line with current jurisprudence. This can be awarded without need of proof other than the death of the victim.43 The Fallo WHEREFORE, the decision of the Regional Trial Court, Branch 5, Kalibo, Aklan, is AFFIRMED with MODIFICATION. Accused-appellants Agueda T. Alba, Saturnino Rembulat, Jr., Francisco Alovera, Ronnie Gonzaga and Adriano Gortayo are found guilty beyond reasonable doubt of the crime of MURDER defined and penalized under Article 248 of the Revised Penal Code and are sentenced to reclusion perpetua. Accused-appellants are jointly and severally ordered to pay the heirs of Roberto Acevedo, moral damages in the amount of fifty thousand pesos (P50,000.00) and civil indemnity in the amount of fifty thousand pesos (P50,000.00). The award for funeral expenses to the heirs of Roberto Acevedo is DELETED. Accused-appellants are likewise found guilty beyond reasonable doubt of ATTEMPTED MURDER defined and penalized under Article 248, in relation to Article 51 of the Revised Penal Code, and in the absence of any modifying circumstances, are sentenced to an indeterminate penalty of four (4) years and two (2) months of prision correctional, as minimum, to ten (10) years of prision mayor, as maximum, and to pay the costs. The case is archived as to accused who remain at large, until their arrest and submission to the jurisdiction of the trial court. SO ORDERED. Davide, Jr., Puno, Kapunan, and Ynares-Santiago , JJ., concur. Endnotes:
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