G.R. No. 97226 August 30, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BETHOVEN LIZADA and RICHARD MONAHAN, accused, BETHOVEN LIZADA, appellant.

FACTS

Bethoven Lizada and Richard Monahan were charged with Murder for the killing of Roberto Lipardo on the evening of October 19, 1983, in Barangay Najus-an, Mambusao, Capiz. The Information alleged the crime was committed with evident premeditation, treachery, taking advantage of superior strength, nighttime, dwelling, and cruelty. Both initially pleaded not guilty, but Monahan later withdrew his plea and pleaded guilty to the lesser offense of homicide. After trial, the Regional Trial Court convicted Lizada of Murder and sentenced him to reclusion perpetua, and Monahan of Homicide. Only Lizada appealed. The prosecution presented three eyewitnesses: Lester Cahugom, Percival Fuentes, and Lito Opanto, who positively identified Lizada and Monahan as the perpetrators. Cahugom testified he saw the two accused hacking Lipardo while the latter was lying on his back. Fuentes testified he saw the two accused holding bolos and fleeing upon being seen. Opanto testified he heard a threat to kill Lipardo, saw the accused approach Lipardo’s hut, heard an exchange of words, and then saw Lizada fire a shot that hit Monahan. The defense presented alibi, with Lizada, his mother Ludivina Lizada, and Leonila Celestial testifying he was at home sleeping during the incident. Monahan, who pleaded guilty to homicide, testified that he alone killed Lipardo after the victim shot him.

ISSUE

1. Whether the trial court erred in finding accused-appellant Bethoven Lizada guilty of Murder based on weak and improbable evidence that failed to overcome the constitutional presumption of innocence.
2. Whether the trial court erred in finding that the killing was attended by treachery and aggravated by cruelty.

RULING

The Supreme Court affirmed the conviction of Bethoven Lizada for Murder, with modification. The Court found the testimonies of the three prosecution eyewitnesses to be clear, straightforward, and unshaken, and that they had no improper motive to falsely accuse Lizada. The defense of alibi was deemed inherently weak and futile, especially since Lizada admitted the crime scene was less than 200 meters from his house, making it possible for him to be present. The Court noted that the judge who rendered the decision did not hear most of the witnesses, necessitating a careful scrutiny of the evidence. While the qualifying circumstance of treachery was not sufficiently established, the killing was qualified as Murder by abuse of superior strength, as alleged in the Information. The victim was an unarmed 64-year-old man, while both accused were in their thirties and armed. The Court modified the award of civil indemnity, increasing it from P30,000.00 to P50,000.00. The appealed decision was AFFIRMED with this modification.