G.R. No. 130627 and 139477-78, May 31, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. 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, SATURNINO REMBULAT, JR., FRANCISCO ALOVERA AND RONNIE GONZAGA, accused-appellants.

FACTS

A dispute over a 41-hectare fishpond in Dongon West, Numancia, Aklan, culminated in the killing of Roberto Acevedo. On July 25, 1990, around 7:00 a.m., Randy Ricaforte was working at the fishpond when accused David Kingking, holding an M-16 armalite, called him. Ricaforte was brought to accused Agueda Alba, who asked if he was one of Acevedo’s goons. After he answered no, he was taken to accused Saturnino Rembulat, Jr. and Adriano Gortayo, who were also armed. Rembulat and Gortayo then repeatedly fired at the hut where Acevedo was staying. Acevedo ran towards a fishpond tower, with Gortayo firing at him. Upon reaching the tower, Gortayo fired a rifle grenade at it and shouted, “Bobby, if we cannot get you now, we will get you tomorrow.” Ricaforte also saw Alicia Kingking, Danila Tolis, and others running towards the fishpond carrying pieces of wood. Acevedo’s bullet-ridden body was later found under the tower. Julito Magcope, Acevedo’s caretaker, testified that when accused Ronnie Gonzaga and Francisco Alovera noticed him, they shot at him with armalites, but he managed to escape by jumping into an irrigation canal. An Information for murder and attempted murder was filed against the accused. The Regional Trial Court found accused Agueda T. Alba, Saturnino Rembulat, Jr., Adriano Gortayo, Ronnie Gonzaga, and Francisco Alovera guilty beyond reasonable doubt of murder for killing Acevedo and attempted murder for shooting Magcope. They were sentenced to reclusion perpetua for murder and an indeterminate penalty for attempted murder, and ordered to pay indemnities. They appealed, arguing their guilt was not proven beyond reasonable doubt.

ISSUE

Whether the guilt of the accused-appellants for the crimes of murder and attempted murder was established beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the trial court’s decision. The Court ruled that the prosecution witnesses, Randy Ricaforte and Julito Magcope, provided clear, positive, and credible testimonies that established the accused-appellants’ guilt beyond reasonable doubt. Their collective acts of surrounding the area, firing weapons at Acevedo and Magcope, and their concerted actions demonstrated conspiracy. All accused-appellants were principals in the crimes. The killing of Acevedo was qualified by treachery, as the attack was sudden and from behind, giving him no chance to defend himself. The Court found no merit in the appeal and upheld the penalties imposed, including reclusion perpetua for murder and indemnification of the heirs.