G.R. No. 175980 ; February 15, 2012
People of the Philippines, Appellee, vs. Adriano Cabrillas, Accused, Benny Cabtalan, Appellant.

FACTS

An Information was filed charging appellant Benny Cabtalan and his co-accused Adriano Cabrillas (at large) with Murder for the killing of Jesus Cabujat on July 11, 1999, in Barangay Laygayon, Pinabacdao, Samar. The prosecution alleged that the accused, conspiring and mutually helping one another, with deliberate intent to kill, treachery, and abuse of superior strength, attacked and stabbed Jesus Cabujat with bolos (sundang), causing his instantaneous death.
The prosecution presented eyewitnesses Wilfredo Pacayra, Jonalyn Raypan (the victim’s 9-year-old granddaughter), and Elena Raypan (the victim’s daughter). Wilfredo testified that he joined the accused for a drink earlier that evening, heard them planning an assault, and later saw them circle the victim’s house, hide, and then emerge to hold and alternately stab Jesus when he stopped to urinate. Jonalyn testified that she was walking with her grandfather when he went to urinate; she then saw the accused take hold of his arms, and Benny stabbed him. Elena testified that she heard her father’s cries for help, went outside, saw Benny releasing her father, and upon asking, was told by her father that Benny and Adriano were the assailants. The victim died from multiple stab wounds. The accused fled after the incident, and Benny was arrested two years later in Las Piñas City.
The defense presented an alibi. Benny claimed he was drinking at a store until 6:00 p.m. on July 11, 1999, then walked home to another barangay and did not go out again, only learning of the killing the next day. His mother, Gertrudes, testified that Adriano confessed to her on the night of the incident that he had attacked someone.
The Regional Trial Court found Benny guilty of Murder, qualified by treachery and aggravated by abuse of superior strength, and initially imposed the death penalty. On automatic review, the case was referred to the Court of Appeals. The CA affirmed the conviction but modified the penalty to reclusion perpetua, holding that the qualifying circumstance of treachery absorbed the aggravating circumstance of abuse of superior strength, and modified the awards for damages.

ISSUE

1. Whether the trial court erred in finding appellant Benny Cabtalan guilty beyond reasonable doubt of Murder despite alleged weaknesses in the prosecution’s evidence.
2. Assuming arguendo that appellant is accountable, whether the lower court erred in holding that treachery qualified the killing to Murder.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with modifications to the awarded damages.
1. On the conviction and credibility of witnesses: The Court found no reason to overturn the factual findings of the lower courts. The positive identification of appellant by eyewitnesses Wilfredo Pacayra and Jonalyn Raypan was credible and consistent on material points. Minor inconsistencies in their testimonies (e.g., whether the victim was held by both arms or by the shoulders, the exact sequence of stabs, or the number of assailants Jonalyn saw stabbing) pertained to trivial matters and did not undermine their core narrative that appellant and Adriano attacked the victim. The relationship of the witnesses to the victim did not automatically impair their credibility. The victim’s ante mortem statements, identifying his assailants to his daughter Elena, constituted a dying declaration and further corroborated the eyewitness accounts. Appellant’s alibi was weak and could not prevail over the positive identification. His flight after the incident was also indicative of guilt.
2. On the qualifying circumstance of treachery: The Court ruled that treachery (alevosia) was duly proven. The attack was sudden and unexpected, executed in a manner that deprived the unarmed and unsuspecting 69-year-old victim of any chance to defend himself or retaliate. The assailants emerged from a dark hiding place while the victim was in the act of urinating. The qualifying circumstance of treachery absorbed the alleged aggravating circumstance of abuse of superior strength.
Dispositive Portion: Appellant Benny Cabtalan is found GUILTY beyond reasonable doubt of MURDER, qualified by treachery. The penalty imposed is reclusion perpetua, without eligibility for parole pursuant to Section 3 of Republic Act No. 9346 . Appellant is ordered to pay the heirs of Jesus Cabujat: Seventy-Five Thousand Pesos (Php75,000.00) as civil indemnity, Seventy-Five Thousand Pesos (Php75,000.00) as moral damages, and Thirty Thousand Pesos (Php30,000.00) as exemplary damages. All monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.