People vs Sanchez : 131116 : Synopsis/Syllabi

SYNOPSIS

In an information dated March 1, 1994, accused-appellants Antonio L. Sanchez and Artemio Averion, together with several others, were charged with double murder. After trial, they were found guilty as charged and sentenced to suffer the penalty of reclusion perpetua. Hence, this appeal.

The defenses of alibi and denial are worthless in the face of an eyewitness’ positive testimony showing the involvement of each of the accused.

However, instead of the complex crime of double murder, accused are liable for two counts of murder committed against the victims Nelson and Rickson Peñalosa . As held in the case of People vs. Vargas, Jr.: “Although each burst of shots was caused by one single act of pressing the trigger of the sub-machinegun, in view of its special mechanism, the person firing it has only to keep pressing the trigger of the sub-machinegun with his finger and it would fire continually. Hence, it is not the act of pressing the trigger which should be considered as producing the several felonies, but the number of bullets which actually produced them.”

Treachery was present as the attack against the victims, who were unarmed, was sudden, catching them unaware and giving them no opportunity to defend themselves.

Conspiracy was established. Notwithstanding the fact that Mayor Sanchez was not at the crime scene, he was the mastermind of the ambush slaying or the principal by inducement. Conspiracy renders appellants liable as co-principals regardless of the extent and character of their participation because the act of one conspirator is the act of all.

SYLLABUS

1. REMEDIAL LAW; EVIDENCE; CREDIBILITY; MINOR LAPSES TEND TO BUTTRESS CREDIBILITY. - This Court has held time and again that any minor lapses in the testimony of a witness tend to buttress, rather than weaken, his or her credibility, since they show that he or she was neither coached nor were his or her answers contrived. Witnesses are not expected to remember every single detail of an incident with perfect or total recall.

2. ID.; ID.; ID.; CREDIBLE TESTIMONY OF SINGLE WITNESS, SUFFICIENT TO CONVICT. - The fact that the trial court relied on the testimony of a single witness does not affect the verdict of conviction. Criminals are convicted, not on the number of witnesses against them, but on the credibility of the testimony of even one witness, who is able to convince the court of the guilt of the accused beyond a shadow of doubt. What witness can be more credible than someone who was in the planning, preparation and execution of the crime.

3. ID.; ID.; ID.; AFFIDAVITS GENERALLY SUBORDINATE TO OPEN COURT DECLARATIONS. - The inconsistency between the affidavit and testimony of Malabanan is too minor to affect his credibility. At any rate, we have held that affidavits are generally subordinate in importance to open court declarations. Affidavits are not complete reproductions of what the declarant has in mind because they are generally prepared by the administering officer and the affiant simply signs them after the same have been read to him.

4. ID.; ID.; ID.; NOT NECESSARILY IMPAIRED BY DELAY IN REPORTING CRIME. - Accused-appellants raised that Malabanan’s delay in reporting the involvement of the accused in the crime casts doubt on his credibility. However, jurisprudence teaches us that delay in revealing the identity of the perpetrators of a crime does not necessarily impair the credibility of a witness, especially where such witness gives a sufficient explanation for the delay. It was natural for Malabanan to keep silent during that time for, aside from being a co-conspirator, Mayor Sanchez was a powerful opponent.

5. ID.; ID.; ID.; ALIBI; WORTHLESS IN THE FACE OF POSITIVE IDENTIFICATION. - Consequently, we find that accused-appellants’ defenses of alibi and denial are bereft of merit. The defenses of alibi and denial are worthless in the face of positive testimony of a witness showing the involvement of each of the accused.

6. CRIMINAL LAW; CRIMINAL LIABILITY; NUMBER OF BULLETS ACTUALLY PRODUCED AND NOT THE ACT OF PRESSING THE TRIGGER CONSIDERED AS PRODUCING SEVERAL FELONIES; CASE AT BAR. -In People v. Vargas, Jr., we ruled that several shots from a Thompson sub-machine, in view of its special mechanism causing several deaths, although caused by a single act of pressing the trigger, are considered several acts. Although each burst of shots was caused by one single act of pressing the trigger of the sub-machinegun, in view of its special mechanism the person firing it has only to keep pressing the trigger of the sub-machinegun, with his finger and it would fire continually. Hence,

it is not the act of pressing the trigger which should be considered as producing the several felonies, but the number of bullets which actually produced them. In the instant case, Malabanan testified that he heard three bursts of gunfire from the two armalites used by accused Corcolon and Peradillas. Thus, the accused are criminally liable for as many offenses resulting from pressing the trigger of the armalites. Therefore, accused are liable for two counts of murder committed against the victims, Nelson and Rickson Peñalosa , instead of the complex crime of double murder.

7. ID.; QUALIFYING CIRCUMSTANCES; TREACHERY; CONSIDERED WHERE UNARMED VICTIMS WERE SUDDENLY ATTACKED. - Evidently, treachery was present in the execution of the crimes. The attack against the victims, who were unarmed, was sudden, catching them unaware and giving them no opportunity to defend themselves. The presence of treachery qualifies the crimes to murder.

8. ID.; CONSPIRACY; PARTICIPANTS PERFORMED SPECIFIC ACTS FOR A COMMON PURPOSE. -Conspiracy is likewise adequately established. Notwithstanding the fact that Mayor Sanchez was not at the crime scene, we are convinced that he was not only a co-conspirator, he was the mastermind of the ambush slayings or the principal by inducement. Malabanan testified that Nelson Peñalosa was killed upon order of Mayor Sanchez. After the commission of the crime, the assailants reported to Mayor Sanchez. In conspiracy, it is not necessary to show that all the conspirators actually hit and killed the victim. What is important is that the participants performed specific acts with such closeness and coordination as unmistakably to indicate a common purpose or design in bringing about the death of the victim. Conspiracy renders appellants liable as co-principals regardless of the extent and character of their participation because in contemplation of law, the act of one conspirator is the act of all.

9. ID.; QUALIFYING CIRCUMSTANCES; EVIDENT PREMEDITATION; REQUISITES; CASE AT BAR. - The trial court properly appreciated the existence of evident premeditation. The prosecution clearly showed the presence of the following requisites: a) the time when the accused determined to commit the crime; b) an act manifestly indicating that the accused had clung to their determination; and c) sufficient lapse of time between such determination and execution to allow them to reflect upon the consequences of their acts. As early as 10:00 in the morning, the accused had conspired to kill Nelson Peñalosa . They even looked for two-way radios and a vehicle to be used for the operation. Indeed, sufficient time had lapsed to allow the accused to reflect upon the consequences of their actions.

10. ID.; AGGRAVATING CIRCUMSTANCES; USE OF MOTOR VEHICLE; APPRECIATED IN CASE AT BAR. - Accused specifically used a motor vehicle to execute the crime. Thus, the aggravating circumstance of use of a motor vehicle must be appreciated.

11. ID.; ID.; NIGHTTIME; NOT CONSIDERED WHERE DARKNESS DID FACILITATE COMMISSION OF CRIME. - We cannot appreciate the generic aggravating circumstance of nighttime; while the crime was committed at night, the prosecution failed to show that the malefactors specifically sought this circumstance to facilitate the criminal design. The fact that the crime happened at 7:00 in the evening does not indicate that accused made use of the darkness to conceal the crime and their identities.

12. CIVIL LAW; DAMAGES; ACTUAL DAMAGES; MUST BE DULY SUPPORTED BY RECEIPTS. - The P50,000.00 award as actual damages should be deemed as indemnity for the untimely demise of the victims. We have held that only expenses supported by receipts and which appear to have been actually expended in connection with the death of the victims may be allowed. No proof was presented to sustain the award of actual damages.

13. ID.; ID.; LOSS OF EARNING CAPACITY; ABSENCE OF PROOF OF INCOME OF DECEASED, NEGATES AWARD. - Similarly, we can not award damages for loss of earning capacity. All that was presented in evidence was the testimony of the common law wife, Adelina Peñalosa, that Nelson earned P1,000,000.00 a year. We have held that for lost income due to death, there must be unbiased proof of the deceased’s average income. Self-serving, hence unreliable statement, is not enough.

14. ID.; ID.; EXEMPLARY DAMAGES; AWARD SUSTAINED WHERE CRIME WAS ATTENDED BY AGGRAVATING CIRCUMSTANCES. - Considering the attendance of aggravating circumstances, we sustain the award of exemplary damages of P30,000.00, per victim, in accordance with Article 2230 of the Civil Code.

15. ID.; ID.; MORAL DAMAGES; CASE AT BAR. - As regards moral damages, we affirm the P50,000.00 awarded to the heirs of Rickson Peñalosa. His mother, Adelina Peñalosa, testified to the suffering caused by his death. We also sustain the award of moral damages to the heirs of Nelson Peñalosa . His common law wife testified to the mental anguish suffered by the family due to Nelson’s death. Under Article 2206 of the Civil Code, the spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. However, the common law wife is not entitled to share in the award of moral damages.