G.R. No. 134506 December 27, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. CORLITO C. LINDO and FEDERICO C. LINDO, accused, FEDERICO C. LINDO, appellant.

FACTS

On September 18, 1995, an Information was filed charging brothers Corlito and Federico Lindo with the murder of Edgar Landicho on April 4, 1995, in Sitio Tahaw, Barangay Cabatang, Tiaong, Quezon. The accused were alleged to have attacked the victim with a knife and a bolo, with treachery and evident premeditation. Only appellant Federico Lindo was brought to trial as co-accused Corlito remained at large. Appellant pleaded not guilty. The prosecution presented eyewitnesses Noel de Rosales and Joselito Landicho, who testified that they saw Corlito initially stab Edgar Landicho from behind at a cockfighting venue (tupadahan), after which appellant Federico joined in stabbing the victim repeatedly even after he fell. Dr. Ma. Wilma Castillo-Laroza, who conducted the autopsy, reported 29 stab and hacking wounds on the victim, three of which were fatal, and concluded the cause of death was shock due to excessive hemorrhage. The defense consisted of denial, with appellant claiming he was acting as a kristo (bet caller) at the event and fled during a commotion, and defense witness Rodrigo Laluz testifying that only Corlito stabbed the victim and that appellant was on the other side of the venue. The trial court found appellant guilty of murder and sentenced him to reclusion perpetua, ordering him to pay indemnity and actual damages. Appellant appealed, assigning errors regarding witness credibility, inconsistencies in testimony, and the appreciation of treachery.

ISSUE

The core issues raised on appeal were: (1) whether the trial court erred in giving credence to the testimonies of prosecution witnesses despite alleged material inconsistencies and their conflict with the medico-legal findings; (2) whether the trial court erred in not crediting the testimony of appellant and his witness; and (3) whether the trial court erred in appreciating the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the conviction with modification. It held that the alleged inconsistencies in the testimonies of prosecution witnesses Noel de Rosales and Joselito Landicho were minor and did not affect their credibility regarding the essential fact of appellant’s participation in the killing. The Court found their positive identification of appellant as one of the assailants clear and consistent. The medico-legal findings of multiple wounds, some of which indicated the victim may have struggled, did not negate the presence of treachery, as the attack was sudden and from behind, denying the victim any chance to defend himself. The qualifying circumstance of treachery was properly appreciated. The defense of denial and the testimony of Rodrigo Laluz were deemed insufficient to overcome the positive identification by credible eyewitnesses. The Court modified the damages awarded, ordering appellant to pay P50,000 as civil indemnity and P50,000 as moral damages to the heirs of Edgar Landicho, and deleted the award of P67,080 as actual damages for lack of sufficient evidence. The penalty of reclusion perpetua was affirmed.