September 13, 1985

G.R.

No.

mausoleum and burial lot, and the further sum of P

L-37168-69 THE

PEOPLE

PHILIPPINES,

OF

THE

50,000.00 for moral damages, jointly and severally

plaintiff-appellee,

and

to

pay

the

costs,

without

subsidiary

vs.

imprisonment in case of insolvency, taking into

DELFINO BELTRAN, alias Minong, DOMINGO

consideration the nature of the principal penalty

HERNANDEZ,

imposed.

alias

Doming;

CEFERINO

BELTRAN, alias Ebing; MANUEL PUZON alias

The Court likewise finds all the accused guilty

Noling; CRESENCIO SIAZON, alias Ising; and

beyond reasonable doubt of the crime of DOUBLE

ROGELIO

ATTEMPTED MURDER WITH DIRECT ASSAULT

BUGARIN,

alias

Boy,

accused-

appellants.

and hereby imposes upon an of them the penalty

The Solicitor General for plaintiff-appellee. Ernesto P.

of RECLUSION TEMPORAL in its medium period

Pagayatan for accused-appellants.

and orders them to undergo a prison term ranging

Relova, J.:

from 14 years, 8 months and 1 day as minimum to 17

Accused-appellants Delfino Beltran, alias Minong;

years and 4 months as maximum and to pay the

Rogelio Bugarin, alias Boy; Cresencio Siazon, alias

costs.

Ising;

Domingo

Under Crim. Case No, 160-S, accused DELFINO

Hernandez, alias Doming; and, Ceferino Beltran,

BELTRAN is hereby found guilty beyond reasonable

alias Ebing, were indicted for murder and double

doubt of the crime of ATTEMPTED HOMICIDE and

attempted murder with direct assault in the then

hereby sentence him to undergo a prison term

Court of First Instance of Cagayan, docketed as

ranging from 2 years, 4 months and 1 day to 3 years,

Criminal Case No. 158- S. Likewise, Delfino Beltran

6 months and 20 days of prision correccional and to

was charged with attempted murder in Criminal Case

pay the costs. (pp. 402-403, Record)

No. 160-S.

The People's evidence shows that in the evening of

After trial they were convicted and sentenced as

January 11, 1972, between 9:00 and 10:00, in

follows:

Ballesteros, Cagayan, Ernesto Alvarado was bringing

WHEREFORE, the Court finds all the accused

Calixto Urbi home in a jeep. Passing by the Puzon

DELFINO

ROGELIO

Compound, Delfino Beltran alias Minong, shouted at

BUGARIN alias Boy, CRESENCIO SIAZON alias

them, "Oki ni inayo" (Vulva of your mother). They

Ising, MANUEL PUZON alias Noling, DOMINGO

proceeded on their way and ignored Delfino. After

HERNANDEZ

CEFERINO

Alvarado had brought Urbi to his house he went to

BELTRAN alias Ebing, guilty beyond reasonable

the house of Mayor Bienvenido Quirolgico and

doubt of the crime of murder for the death of

reported the matter. The newly elected Mayor told

VICENTE QUIROLGICO. There being no mitigating

the Chief of Police that something should be done

circumstance, the Court has no other alternative than

about it.

to impose the maximum penalty provided for by law.

They decided to go to the Puzon Compound with the

Accused Delfino Beltran, Rogelio Bugarin, Cresencio

intention

Siazon, Manuel Puzon, Domingo Hernandez and

companions to surrender considering that he knew

Ceferino Beltran are hereby sentenced to the

them personally as all of them were once working for

maximum penalty of DEATH, to indemnify the heirs

Congressman David Puzon When they came near

of Vicente Quirolgico the sum of P 12,000.00 for the

the compound, they saw appellants Delfino Beltran,

loss of his life; P 75,000.00 as reimbursement for

Rogelio Bugarin and Domingo Hernandez and

expenses

suddenly there was a simultaneous discharge of

Manuel

Puzon,

BELTRAN

alias

covering

alias

alias

Doming

medical

Noling;

Minong,

and

funeral

embalming

to

talk

to

Delfino

Beltran

and

his

gunfire, The mayor's son, Vicente, who was with

and the examination on Mayor Quirolgico shows the

them, cried: " I am already hit, Daddy." As he fell,

following injuries:

Vicente pushed his father and both fell down. Mayor

(1) Wound, gunshot, face right;

Quirolgico and Patrolman Rolando Tolentino also

(2) Wound, gunshot, upper lips right;

suffered injuries. When the firing had stopped, they

(3) Wound, gunshot, leg, right;

decided to bring Vicente to the hospital. As the jeep

(4) Wound, gunshot, big toe, right;

left the compound three (3) men came out of the

(5) Wound, gunshot, 2nd toe, right (Exh. "A-1", P. 22,

Puzon Compound and fired at the fleeing vehicle.

Record)

They were Cresencio Siazon, Ceferino Beltran and

and on Patrolman Rolando Tolentino, the following

Noling Puzon. Likewise, Domingo Hernandez and

injuries:

Minong Beltran and Boy Bugarin tried to give chase.

(1) Wound, gunshot, amper fated index, middle and

After a while, all the six men returned inside the

ring fingers, right;

compound.

(2) Wound, lacerated, 1 cm. long, 1/3 cm. deep

An hour after admission to the hospital Vicente

lumbar region, right;

Quirolgico

(3) Wound, lacerated 1/4 cm. long, 1/3 cm. deep

died.

Autopsy

examination

on

the

deceased Vicente Quirolgico showed the following

forearm, left.

findings:

(Exh. "A", p. 20, Record.)

1. Gunshot wound. inlet wound at the posterior

On November 23, 1982, this Court, upon receipt of

portion of right Mid-axillary line, at the level of the 5th

the information of the death of appellant Cresencio

costal ribs at the back, traversing the right side of the

Siazon alias Ising on February 17, 1982 due to

chest, harrowing the right lung, and fracturing the

"Cardio Respiratory Arrest Secondary to Carcinoma

four (4) postal ribs on the right side front causing an

Liver, Pulmonary Tuberculosis," from Mr. Ramon J.

outlet wound almost six (6) inches long over the right

Liwag,

side of the chest diagonally from above the right

Muntinlupa, as well as the Comment filed by the

nipple downward near the right mid-axillary line. The

Solicitor General on the aforesaid information,

inlet has almost one (1) cm. diameter.

Resolved to dismiss the case insofar as the criminal

2. Gunshot, wound left knee inlet wound at the

liability of the deceased Cresencio Siazon alias Ising

exterior and posterior side of the left knee. almost (1)

is concerned.

cm. diameter, directed towards the medial side of the

Appellant Rogelio Bugarin claims that between 5:00

left knee, fracturing the left knee and inlet wound two

and 5:30 in the afternoon of January 11, 1972,, the

(2) inches long.

armed men inside the passing jeep of Mayor

3. Gunshot wound of the right thigh, inlet wound,

Quirolgico fired at Rogelio Bugarin, who was then

anterior on front side of the right thigh at the middle

standing at the main gate of Puzon Compound. After

thirds, measuring almost one (1) cm. diameter.

the armed men had passed by, Rogelio Bugarin

4. Gunshot wound at the internal angle of the left eye

proceeded to the office of Congressman Puzon

inlet wound almost one (1) cm. diameter, directed

where he met Ebing Beltran and Delfino Beltran who

downwards and medially traversing the right side of

both asked him about the gun reports. They just

the face.

dismissed the incident as no one was hurt. Rogelio

CAUSE OF DEATH: INTERNAL HEMORRHAGE

Bugarin played guitar while waiting for supper.

secondary to Gunshot wound of the chest and left

Around 10:30 in the evening of the same date, or

eye. (Exh. "B", p. 10, Records).

after appellants had taken their supper at Puzon

Officer-in-Charge,

New

Bilibid

Prisons,

Compound, they heard an unusual sound which

appeared to be a six by six truck that was bumped.

commission of the crimes; (4) not finding that

Thereafter, at about 12:00 midnight of the same day,

appellant Delfino Beltran acted in self-defense; (5)

Delfino Beltran, posted himself as guard and

finding appellants guilty of attempted murder with

positioned himself in front of the gate of the Rural

direct assault on Mayor Quirolgico and Pat. Rolando

Bank. While at the place he saw a group of persons,

Tolentino; and (6) not appreciating in favor of the

numbering more than ten, along the road in front of

appellants the mitigating circumstance of voluntary

the Rural Bank. Among the group of armed men, he

surrender.

was able to recognize the Chief of Police of

On the first assigned error, We reiterate the

Ballesteros, Gavino Collado, holding a swinging

established doctrine that when the issue is one of

flashlight, Gerry, Bundok Usita and Bunti Pinzon.

credibility of witnesses, appellate courts will generally

When the group reached the gate of Puzon

not disturb the findings of the trial court, considering

Compound, he peeped and took hold of the gate with

that it is in a better position to decide the question,

an iron chain. Accidentally, he dropped the chain and

having

it created a sound which caused the group of armed

observed their deportment and manner of testifying

men to fire upon his direction for about half an hour.

during the hearing, unless it had overlooked certain

In retaliation, he loaded his gun following which he

facts of substance and value that, if considered,

saw a man falling down from the fence. As the firing

might affect the result of the case.

continued, he stealthily mounted his gun on top of

The judgment of conviction is not bereft of evidence

the fence and fired the same.

to support the same. Hereunder are the testimonies

When the firing ceased, he proceeded to the

of the prosecution's eyewitnesses, namely:

residence of Congressman Puzon. In the sala, he

Carmelita Collado who declared the following:

saw Boy Bugarin, Doming Hernandez, Ising Siazon,

Q Will you inform the Honorable Court who was that

Noling Puzon, Ebing Beltran and Floresida Amayon,

one shouting?

conversing. Upon seeing him, his companions asked

A Minong Beltran, sir.

him what was that firing all about. He told them that

xxx xxx xxx

he traded shots with a group of armed men.

Q Will you inform the Court what was that?

Thereafter, they hid in the basement of the residence

A I heard the voice of Mr. Minong Beltran saying,

of the Congressman, staying there for one whole

'Cida, Cida, you bring out the guns now I have

day. The following day, Delfino Beltran surrendered

already shot at the BRQ jeep and they are sure to

to Captain Retuta, while the rest escaped but

come back.

thereafter surrendered.

xxx xxx xxx

The defense of appellant Delfino Beltran, alias

Q Can you tell us what you saw at that time?

Minong, is self- defense; whereas appellants Rogelio

A I saw these three persons, Minong Beltran, Boy

Bugarin, alias Boy, Ceferino Beltran, alias Ebing, and

Bugarin and Domingo Hernandez, sir.

Manuel Puzon, alias Noling denied having anything

xxx xxx xxx

to do with the incident.

Q What else did you see if any?

In this appeal, appellants contend that the trial court

A When these three persons came out, they were

erred in: (1) giving credence to the evidence for the

already

prosecution; (2) holding that conspiracy existed

xxx xxx xxx

among them in the commission of the offense

Q Will you inform this Court what was that?

charged in Criminal Case No. 158-S; (3) finding that

A Upon coming out, Delfino Beltran ordered Doming

treachery and evident premeditation attended the

Hernandez to go to the right side of the old office of

heard

the

witnesses

themselves

and

Congressman Puzon and he also instructed Boy

A Yes, sir.

Bugarin to seek cover to the Rural Bank.

xxx xxx xxx

xxx xxx xxx

Q And the persons who came out from this point

Q During all these time that these were happening,

according to you are the accused Ising Siazon, Ebing

the going out of Doming Hernandez, of Bugarin; the

Beltran and Noling Puzon, do you confirm that?

ordering of Minong Beltran to the two, did you see

A Yes, sir.

any

Q And after that the three other accused named as

other

persons

inside

the

compound

of

Congressman Puzon aside from the three?

Doming Hernandez, Boy Bugarin and Minong Beltran

A After the three had placed themselves in their

came out of the same compound?

respective positions, I saw persons coming out but I

A No, sir. They came out from here. (tsn., pp. 84, 87,

was not able to recognize them. (tsn., pp. 5-7, 42-45,

February 19, 1973 hearing)

Nov. 18, 1972 hearing.)

Chief of Police Gavino Collado also pointed out the

Mayor Bienvenido Quirolgico testified as follows:

following:

Q And do you know what happened after you walked

Q May I see the sketch, your Honor?

a few steps to the south?

A The mayor took this road in going to the hospital

A When I was looking very well around the vicinity, at

(witness pointing to the Bonifacio Cortez Street), and

the southern part of the Rural Bank about the corner

as the jeep was going westward, and reached this

of their fence, and as I tried to look intently, I

point, three men came out from this part of the

recognized the face of Minong Beltran.

compound and they fired at the vehicle in which the

xxx xxx xxx

mayor and his son rode on.

Q At the precise moment, when you saw Minong

xxx xxx xxx

Beltran at the corner of the Rural Bank, what else

Q So that the Court would now understand from your

happened if any?

statement that it was only after the jeep of the mayor

A As I tried to look near them, that was the time

has left already the scene when three persons came

when there was a burst of gun fire, the direction of

out from the gate of the Puzon compound, that you

which was coming from the place where they were

saw for the first time these persons?

staying.

A Yes, sir.

xxx xxx xxx

Q And these persons were Identified as Ebing

Q Will you inform this Honorable Court who the other

Beltran, Cresencio Siazon and Noling Puzon?

men were at that time?

A Yes, sir. (tsn., pp. 59, 80, January 9, 1973 hearing)

A Boy Bugarin and Domingo Hernandez.

The denial of appellants Rogelio Bugarin, Ceferino

xxx xxx xxx

Beltran and Manuel Puzon cannot, therefore, prevail

Q And after the shooting, there was the shout?

over their positive Identification, as the perpetrators

A At the lulling of the shooting, I heard the shout.

of the crime by the aforenamed eyewitnesses who

xxx xxx xxx

have not been shown to have any evil motive to

Q And what were the words?

testify falsely against them.

A 'Nala na si Mayor' (The mayor is already hit). (tsn.,

Moreover, the physical evidence, as testified to by

pp. 20, 21, 31-32, 58-59, Nov. 17, 1972 hearing)

Dr. Gregorio R. Farin, Municipal Health Officer of

Patrolman Rolando Usita stated that:

Ballesteros,

Q You said that as the mayor was leaving the scene

mortem examination on the body of the deceased

of the incident, you saw three of the accused coming

Vicente Quirolgico, shows that several firearms could

out of the guardhouse, do you confirm that?

have caused his wounds:

Cagayan,

who

conducted

the post

Q Considering the nature of the injuries that were

from four different firearms but not from the above-

found on the body of the deceased, could it be

entioned 223 Cal. M16 Armalite with SN-527226.

possible that several firearms could have caused

(tsn., pp. 29-30, January 8, 1973 hearing)

these injuries?

and on cross-examination declared that:

A It is possible.

Q Supposing that there are three SIG rifles of the

xxx xxx xxx

same Serial number and the fired cartridges from this

Q It is also possible that wounds Nos. 2, 3 and 4

three guns have the same number of similar

were caused by three different bullets, 3 different

characteristics or congruency of striations? A They

guns, different calibers?

can have no similar characteristics. Q Do you mean

A Yes, sir. It is possible. (tsn., pp. 65-66, Nov. 17,

to say that for every SIG rifle there is its own

1972 hearing)

characteristics; that congruency of striations? A That

The foregoing testimony of Dr. Farin finds support

is correct. (tsn., p. 36, January 8, 1973 hearing)

from the findings of witnesses Vicente de Vera, a

whereas, Lt. Col. Crispin B. Garcia on the witness

Ballistician, and Lt. Col. Crispin Garcia, Chief

stand declared:

Chemistry

Q With this request for examination of certain

Constabulary

Branch,
Crime

both

of

Laboratory,

the

Philippine

Camp

Crame,

articles, what articles were actually submitted to you

Quezon City, who conducted examinations on the

for examinations? A Well one (1) rifle SIG,

empty shells and on the firearms, respectively,

Switzerland made with SN-5721, the barrel group

recovered from the premises of the Rural Bank and

bearing Serial Number 15721; the receiver group

the Puzon Compound. Vicente de Vera testified on

with SN-5720 and the barrel link bearing SN-9641,

direct examination, the following:

and another firearm (Exh. 'R'). Q Colonel aside from

Q Under your findings No. 1, will you inform us your

this article, Exhibit 'R', what other articles or guns did

conclusion?

you receive for examination? A One Armalite with

A My conclusion was that the 27 fired cartridges

Serial No. 527226. (Exhibit 'S') xxx xxx xxx Q With

marked as CIS-1 to 27 were fired from the firearm

reference to the first rifle which you have mentioned,

marked as Exhibit 'R' (SIG Natu Rifle).

which is marked as Exhibit 'R', with different serial

Q Your other findings, please tell the Court.

numbers, in the barrel group, receiver group, and the

A Under findings Nos. 2: Microscopic examination

barrel link, will you inform this Honorable Court your

and comparison of the 223 Cal. fired cartridge cases

findings? A I found that the barrel of the Armalite is

marked as CIS 28 to CIS 154 revealed the non-

positive for the presence of gunpowder, sir. xxx xxx

congruency of striations with the test cartridge cases

xxx Q With reference to this Armalite, M15, marked

fired from the abovementioned 223 caliber M16

as Exhibit 'S', in this particular case, will you tell us

Armalite rifle with Serial No. 527226. They further

your findings about the presence of gunpowder? A

revealed the following:

Exhibit 'S', the barrel is positive of gunpowder. (tsn.,

1. CIS 28 to CIS 62 were fired from one (1) firearm;

pp. 52, 55, 57, & 58, January 8, 1973 hearing)

2. CIS 63 to CIS 95 were fired from one (l) firearm;

The above findings further confirm the truth of the

3. CIS 96 to CIS 102 were fired from one (1) firearm;

statements

4. CIS 103 to CIS 154 were fired from one (1) firearm

Patrolman Usita, Mayor Quirolgico and Carmelita

Q May we know your conclusion of this findings of

Collado that appellants traded shots with the Mayor's

yours?

group, using long or high powered guns. Anent the

A My conclusion is that, the 223 Caliber fired

second assigned error, We agree with the trial court's

cartridges marked as CIS 28 to CIS 154 were fired

finding on the existence of conspiracy. In the case at

of

eyewitnesses

Gavino

Collado,

bar, the sequence of events that transpired in the

sudden firing by the accused on the newly arrived

evening of January 11, 1972, from the time Delfino

Mayor's group, without warning. We are convinced

Beltran first fired upon the passing jeep of Mayor

that they employed means, methods or forms which

Bienvenido Quirolgico, driven by witness Ernesto

could

Alvarado

subsequent

accomplishment of their evil design against the

preparations for the arrival of the Mayor as testified

Mayor, with whom they have no personal grudge,

to by eyewitness Carmelita Collado, the shooting on

without risk to themselves arising from the defense

the other passing jeepney to further provoke the

which the offended party had made. No one from

Mayor, and the simultaneous and sudden firing at the

herein appellants sustained a scratch as they were

Mayor's group which had just arrived at about 12:00

really prepared for the coming Mayor. With respect to

midnight in the scene of the crime; the final shooting

the fourth assigned error, the claim of Delfino Beltran

of the fleeing Mayor; and, the simultaneous common

that he had just acted in self-defense, suffice it to

retreat and escape of all the accused, established

say, that the one invoking this justifying circumstance

the presence of conspiracy. For conspiracy to exist, it

must prove beyond reasonable doubt that all the

is enough that at the time the offense was

necessary requisites of self-defense are present,

committed, the participants had the same purpose

namely: (1) Unlawful aggression on the part of the

and were united in its execution, as may be inferred

offended party; (2) Reasonable necessity of the

from

vs.

means employed to prevent or repel it; and, (3) Lack

Manalo, 133 SCRA 626). Further, conspiracy does

of sufficient provocation on the part of the person

not require an agreement for an appreciable period

defending himself. Delfino Beltran had not proved

prior to the occurrence, as conspiracy legally exists

any one of these. Thus, his claim of self-defense was

if, at the time of the offense, the accused had the

properly dismissed by the trial court. Regarding the

same criminal purpose and were united in its

fifth

execution. Appellants' conduct and/or actuations

Quirolgico is a person in authority and Pat. Rolando

before, during and after the commission of the crime

Tolentino is a policeman who at the time was in his

charged

are

uniform, and both were performing their official duties

Conspiracy

to maintain peace and order in the community, the

having established, the act of one is the act of all. It

finding of the trial court that appellants are guilty of

is no longer necessary to specifically lay out the

attempted murder with direct assault on the persons

particular participation of each participant. Relative to

of Mayor Quirolgico and Pat. Tolentino is correct.

the third assigned error, the trial court properly

Relative to the last assigned error, following Our

appreciated

latest ruling in People vs. Nicolas Canamo, et al.,

at

around

9:00,

the

the attendant circumstances

in

Criminal

circumstances

proving

the

circumstances

Case

158-S

conspiracy.

existence
of

No.

(People

evident

of

the

aggravating

premeditation

have

tended

assigned

error,

directly

or

considering

insured

that

the

Mayor

and

G.R. No. 62043, promulgated on August 13, 1985,

treachery. From 9:00 in the evening to 12:00

We agree with appellants that they should be

midnight of the same day, appellants had three (3)

credited with the mitigating circumstance of voluntary

long hours to meditate and reflect on their evil design

surrender, as they in fact presented themselves

and they clung in their determination to kill the

voluntarily to the authorities. However, this mitigating

Mayor, which fortunately failed.

circumstance

Premeditation is present where there was a lapse of

circumstance

two hours from the inception to execution.

WHEREFORE, in Criminal Case No. 158-S, with the

The existence of the aggravating circumstance of

modifications that for lack of necessary votes, the

treachery was shown in the simultaneous and

penalty imposed upon appellants Delfino Beltran

is

offset
of

by

evident

the

aggravating
premeditation.

alias Minong, Rogelio Bugarin alias Boy, Manuel

complex crime of "Assault upon a Person in Authority

Puzon alias Noling, Domingo Hernandez alias

Resulting

Doming and Ceferino Beltran alias Ebing, for the

abovementioned accused to suffer the penalty

death of Vicente Quirolgico, is reduced to Reclusion

of reclusion perpetua and to indemnify the heirs of

Perpetua, and that the indemnity to the heirs of the

the deceased, jointly and severally, the sum of

deceased

P30,000.00 to pay attomey's fees in the amount of

Vicente

Quirolgico

is

increased

to

in

Murder"

and

sentencing

the

P30,000.00, the appealed decision is AFFIRMED in

P3,000.00 and to pay the costs.

an other respects. For the double attempted murder

All of the accused were charged as follows:

with

the Indeterminate

That on or about the 21st day of April 1983 at

Sentence Law, the penalty imposed on the aforesaid

nighttime, in the Municipality of Tayasan, Province of

appellants is reduced to four (4) years and two (2)

Negros

months of prision correccional, as minimum, to ten

jurisdiction of this Honorable Court, the above-named

(10) years of prision mayor, as maximum. In Criminal

accused, conspiring and confederating together and

Case No. 160-S, applying also the Indeterminate

helping one another with evident premeditation and

Sentence Law, the penalty imposed to the accused

treachery, and with intent to kill did then and there,

Delfino Beltran is reduced to Six (6) months

willfully, unlawfully and feloniously attack, assault

of arresto mayor, as minimum, to four (4) years and

and stab one Marcos Gabutero, Barangay Captain of

two (2) months of prision correccional, as maximum.

Maglihe, Tayasan, Negros Oriental, an agent of a

With

C.J.,

person in authority and which fact accused had full

Santos,

knowledge, while the latter was in the lawful

Melencio-Herrera, Plana, Escolin, Gutierrez, Jr., De

performance of his official duty or function as

la Fuente, Cuevas, Alampay and Patajo, JJ., concur.

Barangay Captain or on the occasion of such

Aquino, J., took no part.

function, with a bolo and hunting knives with which

direct

assault,

costs.

Teehankee,

SO

applying

ORDERED.

Concepcion,

Makasiar,

Jr.,

Abad

Oriental,

Philippines,

and

within

the

the accused were then armed and provided, thereby

G.R. No. 70639 June 30, 1987

inflicting the following wounds in the victim, viz:

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

1. Stab wound measuring three and a half (3 1/2) cm.

vs.

in length and half (1/2) cm. in width, ten (10) cm.

PEDRO

DOLLANTES,

DOLLANTES,

depthness located at the left anterior aspect of the

ALFREDO DOLLANTES, LAURO DOLLANTES,

trunk at the level of the 3rd intercostal space, 5 cm.

MONICO

DOLLANTES,

MERLANDO
DANNY

HAMLET

DOLLANTES,
ESTEBAN

SIDRITO

LOKESIO,

away from the anterior mid-line. The wound was

HUGO

GRENGIA,

oriented horizontally and directed vertically and

LEONILO

slightly to the back. Ventricle and lung tissue

AND

VILLAESTER, accused-appellants.

penetrated.
2. Stab wound measuring four (4) cm. in length, 1

PARAS, J:

cm. in width, eleven and a half (11 1/2) cm.

This is an appeal from a decision of the Regional

depthness, located at the right anterior aspect of the

Trial Court of Dumaguete City, 7th Judicial Region,

trunk, at the level of the 2nd intercostal space about

Branch XL, in Criminal Case No. 5832, convicting the

five (5) cm. away from the anterior and midline, the

nine (9) accused, Pedro Dollantes, Hamlet Dollantes,

wound

Lauro Dollantes, Monico Dollantes, Sidrito Lokesio,

downward and slightly to the back.

Merlando Dollantes, Hugo Grengia, Danny Esteban

3. Incised wound five (5) cm. in length, 1 cm. in width

and Leonilo Villaester, all equally guilty of the

located at the left anterior aspect of the trunk about

was

oriented

horizontally and

directed

26 cm. below the left clavicle and four (4) cm. away

about three (3) cm. above the lower angle of the

from the anterior mid-line. The wound was oriented

scapula, and seven (7) cm. away from the posterior

obliquely.

mid-line. The wound was oriented obliquely and

4. Incised wound measuring two (2) cm. in length

directed downward and slightly to the left.

and one (1) cm. in width, located at the right anterior

11. Stab wound measuring three(3) cm. in length,

aspect of the trunk about twenty-one (21) cm. below

one (l) cm. in width and twelve (12) cm. in depthness,

the right clavicle and eight (8) cm. away from the

located at the left posterior aspect of the trunk about

anterior line. The wound was oriented obliquely.

thirteen (13) cm. below the lower angle of the

5. Incised wound measuring one and a half (1 1/2)

scapula and six (6) cm. away from the posterior mid-

cm. in length, half (1/2) cm. in width located at the

line. The wound was oriented obliquely and directed

anterior aspect of the upper extremity about nine (9)

anteriority to the left.

cm. above the wrist joint one and a half (1 1/2) cm.

12. Hemothorax on the left pleural cavity, which

away from the anterior mid-line and medially. The

wounds caused the latter's untimely death.

wound was oriented vertically.

Contrary to Art. 248, 148 and 48 of the Revised

6. Incised wound measuring four (4) cm. in length, 1

Penal Code.

cm. in width located at the lateral aspect of the right

(Information, Original Record, pp. 3-4)

upper extreme about five (5) cm. above the elbow

The findings of facts of the trial court are as follows:

joint and five (5) cm. away from the posterior midline

That deceased Marcos Gabutero at the time of his

laterally. The wound was oriented horizontally.

death was the Barangay Captain of Barangay

7. Through and through stab wound located at the

Maglihe, Tayasan, Negros Oriental; that due to the

left upper extremity the wound of entrance measuring

approaching fiesta of barangay Maglihe, a dance

about three and a half (3 1/2) cm. in length and one

was held in said barangay in the evening of April 21,

(1) cm. in width located at the posterior aspect of the

1983; that while the Barangay Captain was delivering

forearm above five (5) em. below the elbow joint,

a speech to start the dance, the accused Pedro

three (3) cm. away from the anterior mid-line

Dollantes went to the middle of the dancing floor,

medially. The wound was oriented vertically.

making a dance movement known in the visayan as

8. Incised wound measuring 3 cm. in length half (1/2)

"nagkorantsa", brandishing his knife and challenging

cm. in width located at the lateral aspect of the left

everyone as to who was brave among the people

upper extremity about five (5) cm. below the elbow

present; the Barangay Captain approached Pedro

joint and (5) cm. away from the posterior mid-line.

Dollantes and admonished him to keep quiet and not

The wound was oriented horizontally.

to disturb the dance. However, the accused, instead

9. Stab wound measuring one and one-half (1 1/2)

of heeding to the advice of the Barangay Captain,

cm. in width and four (4) cm. depthness located at

stabbed the latter on the left arm; that accused Hugo

the left anterior aspect of the trunk, about seven and

Grengia held the left hand of accused Pedro

a half (7 1/2) cm. above the ihac crest and twelve

Dollantes and Dionilo Garol was able to get from the

(12) cm. away from the anterior mid-line. The wound

hand

was oriented obliquely and directed downward,

Immediately thereafter, accused Hamlet Dollantes,

slightly to the right and posteriority, perforating part of

who rushed towards the Barangay Captain, stabbed

the intestine.

the Barangay Captain at the back and the other co-

10. Stab wound measuring three (3) cm. in length,

accused also took turns in stabbing the Barangay

one (1) cm. in width and seven and a half (7) cm. in

Captain; the Barangay Captain at that time was not

depthness, located at the left posterior of the trunk

armed. Except for the accused Hugo Grengia, Danny

of

Pedro

Dollantes

the

hunting

knife.

Esteban and Leonilo Villaester who were merely

assault upon a person in authority resulting in

holding stones, the other co-accused participated in

murder, and hereby sentences the above-mentioned

the stabbing incident. When the Barangay Captain

accused

fell to the ground and died, the accused in this case

perpetua and to indemnify the heirs of Marcos

took turns in kicking the dead body of the Barangay

Gabutero, jointly and severally, the sum of Thirty

Captain and were dancing around said dead body;

Thousand (P30,000.00) PESOS, to pay attorney's

that the Barangay Captain suffered eleven (11)

fees in the amount of Three Thousand (P3,000.00)

wounds in the different parts of his body, two of

Pesos, and to pay the costs of the proceedings.

which happened to be at the back of his dead body.

SO ORDERED. (RTC Decision, Rollo, p. 79)

According to the attending physician, Dr. Rogelio

From the aforementioned decision, all the accused

Kho who examined the body of the deceased, the

appealed. Accused Hugo Grengia submitted a

victim died of "Severe hemorrhage and cardiac

separate brief.

tamponade due to stab wounds." (Decision, Crim.

The appellant raised the following assignment of

Case No. 5832, Rollo, p. 75).

errors:

The

evidence

for

the

prosecution

consisted

to

suffer

the

penalty

of reclusion

FIRST ERROR

principally of the testimonies of Dionilo Garol,

THE TRIAL COURT ERRED IN GIVING FULL

Bonifacio Cero, Marciana Gabutero, the wife of the

WEIGHT

deceased, Pat. Ricardo Barrera, Dr. Rogelio Kho

INCREDIBLE

who conducted the post mortem examination of the

STATEMENTS

deceased, Ponsimillo Balasabas, the Municipal

WITNESSES DIONILO GAROL, BONIFACIO CERO

Treasurer of Tayasan, Negros Oriental and Pat. Jose

AND

Amis of the Integrated National Police.

CONSIDERING

On the other hand, the defense presented the

UNCONTRADICTED

following witnesses: Accused: Hugo Grengia, Leonilo

INDEPENDENT WITNESSES DOLLANTES AND

Villaester, Danny Esteban, Alfredo Dollantes, Hamlet

TACIO FAUSTO.

Dollantes, and other witnesses: Machim Dollantes

SECOND AND THIRD ERRORS

and Tacio Fausto.After a careful evaluation of the

THE TRIAL COURT ERRED IN NOT GIVING

evidence, the trial court was convinced that all the

WEIGHT

accused in this case conspired in the commission of

WITNESS DR. ROGELIO R. KHO WHICH IN

the crime.

EFFECT CONTRADICTS THE THEORY OF THE

Thus on February 20, 1985, the trial court rendered

PROSECUTION AND THAT THE TRIAL COURT

its decision finding all the accused guilty of the

ERRED

complex crime of assault upon a person in authority

EXISTS.

resulting in murder. The dispositive portion of the

FOURTH ERROR

decision reads as follows:

THE TRIAL COURT ERRED FROM NOT GIVING

WHEREFORE, the prosecution having proven the

WEIGHT TO THE TESTIMONY OF ACCUSED

guilt of all the accused beyond reasonable doubt, this

HUGO GRENGIA, LEONILO VILLAESTER alias

Court hereby finds the accused Pedro Dollantes,

"Laon," DANILO ESTEBAN, HAMLET DOLLANTES,

Hamlet Dollantes, Alfredo Dollantes, Lauro Dollantes,

ALFREDO DOLLANTES AND THE TESTIMONY OF

Monico

INDEPENDENT WITNESSES TACIO FAUSTO AND

Dollantes,

Sidrito

Lokesia,

Merlando

AND

CREDIT
AND
OF

MARCIANA

TO

IN

AT

MCLEAN DOLLANTES.

Leonilo Villaester, guilty of the complex crime of

FIFTH ERROR

AND

LEAST
TESTIMONY

EXPERT

DECIDING

BIASED,

PROSECUTION

GABUTERO

THE

THE

CONTRADICTORY
THE

Dollantes, Hugo Grengia, Danny Esteban and

TO

THAT

IN

NOT
THE
OF

PROSECUTION

CONSPIRACY

THE TRIAL COURT ERRED IN FINDING THE

the victim. Except for the latter, the two other

ACCUSED GUILTY OF THE COMPLEX CRIME OF

witnesses Garol and Cero are not related to the

ASSAULT UPON A PERSON IN AUTHORITY

victim or the accused. The testimonies of these three

RESULTING TO MURDER AND SENTENCING

(3) witnesses were subjected to a lengthy cross-

THEM

OF

examination and were found credible and free from

RECLUSION PERPETUA AND TO INDEMNIFY THE

material contradictions by the trial court (Rollo, p.

HEIRS OF MARCOS GABUTERO, JOINTLY AND

75).

SEVERALLY, THE SUM OF THIRTY THOUSAND

Dionilo Garol who was six (6) meters away, saw

(P30,000.00) PESOS, and TO PAY THE COSTS OF

clearly what happened. He testified that when the

THE PROCEEDINGS. (Brief for Accused-Appellant,

Barangay Captain started to deliver his speech, the

Rollo, p. 62)

accused Pedro Dollantes brandishing a knife shouted

In his separate brief, accused Hugo Grengia assigns

"Who is brave here?" (TSN, page 6, Oct. 7, 1983).

the following errors:

The victim then approached to admonish him t the

1. The lower court erred in not giving weight and

latter

credence to the admission of accused-appellant

immediately

Hamlet Dollantes that he was the lone perpetrator of

Dollantes and tried to wrest the knife away from the

the alleged stabbing of victim Marcos Gabutero.

hand of the accused. The accused Hugo Grengia

2. The lower court erred in not considering the

also tried to grab the knife but it was Garol who

testimonies

namely:

succeeded. The accused Grengia then told him "Do

Patrolman Ricardo Barrera, Dr. Rogeho Kho which in

not try to intervene because you might be included in

effect buttressed the theory of the defense.

the plan." (TSN, page 8, Oct. 17, 1983). Then

3. The lower court erred in not considering the entry

Grengia made some signs by nodding his head and

in the police logbook of the Tayasan Integrated

the accused Hamlet Dollantes and Alfredo Dollantes

National Police, dated April 21, 1983, as testified to

rushed to and attacked the victim followed by the

by Patrolman Jose Amis.

other co-accused in this case who also rushed at and

4. The lower court erred in holding that conspiracy

stabbed the victim. He specified that accused Alfredo

exist in perpetration of the felony.

Dollantes, Lauro Dollantes, Monico Dollantes and

5. The lower court erred in holding that the case of

Sidrito Lokesio were carrying knives while the

People vs. Agag (L-64951, June 29, 1984) is

accused Merlando Dollantes was carrying a bolo;

applicable to the case at bar to justify the conviction

and that they stabbed the victim one after another.

of the accused-appellants.

He said that the accused Danny Esteban, Hugo

6. The lower court erred in not giving weight and

Grengia andLeonilo Villaester were all carrying

credence to the testimony of the defense witnesses.

stones which they threw at the store of the victim's

7. Finally, the trial court erred in holding that the

wife (TSN, pp. 7-10; Oct. 17, 1983).

accused-appellant herein is guilty of the crime

This testimony was fully corroborated by another

charged. (Brief for accusedappellant Hugo Grengia,

prosecution eyewitness Bonifacio Cero who was

pp. 1-2)

about three (3) meters away and whose narration

The appeal is without merit.

tallied on all material ints with that of Dionilo Garol as

The issue hinges on the credibility of witnesses.

to what transpired that night. He stated further that

The accused were positively identified by three (3)

when he saw the Barangay Captain being stabbed

prosecution eye witnesses. They were: Dionilo Garol,

he tried to approach the group but he was held by

Bonifacio Cero and Marciana Gabutero, the wife of

Danny Esteban who said "do not try to interfere, you

TO

SUFFER

of

THE

prosecution

PENALTY

witnesses,

10

stabbed the

victim

approached

on the arm. Garol

the

accused

Pedro

are not a party to this. We have already gotten what

victim while the other accused did not participate in

we have been aiming for." (TSN, page 12, Oct. 18,

the stabbing incident (Rollo, pp. 75-76).

1983). Thereafter, he ran away but Alfredo Dollantes,

In an attempt to disprove the findings of the trial

Pedro Dollantes and Danny Esteban stoned him

court, appellants pointed out that there are certain

because they intended to kill him also. He also

inconsistencies

testified that when he returned to the crime scene, he

prosecution witnesses, incredible.

saw Hugo Grengia, Danny Esteban and companions

For one thing they claim that Dionilo Garol could not

simultaneously kicking the dead body and shouting

have een Hamlet Dollantes stab the victim because

"who is brave among here. "

as Garol himself stated, when said accused rushed

Marciana Gabutero, the wife of the victim funy

towards the victim, he ran away. The evidence

corroborated the testimonies of Garol and Cero. She

shows however, that Garol clearly testified that he

also added that Hugo Grengia wanted to be a

saw au of them stab the Barrio Captain, one after

Barangay Captain and she happened to know that as

another and it was only after the Barrio Captain fell to

a fact, because he told the crowd not to long as

the ground that he ran towards the municipal hall to

Barangay Captain. She also testified that the

report the incident to the police (TSN, page 11, Oct.

accused Leonilo Villaester splashed one glass of

17, 1983).

tuba on the face of the deceased and that the victim

Another circumstance allegedly raising grave doubts

had had a misunderstanding with the Dollantes on a

on the credibility of Dionilo Garol was his failure to

theft case involving Hamlet Dollantes (Rollo, pp. 68-

report to the police authorities the fact of stoning

69).

(Rollo, pp. 71-72).

It will be noted that the above witnesses were

However, the fact of stoning was not the means used

categorical and straightforward when they stated that

to kill the victim and the omission of the same in the

they saw appellants stab the victim. They even

narration in the report does not detract from the

specified the type of weapon used by each of said

established fact that the victim was stabbed several

appellants.

times which caused his death.

There is no possibility that they could have been

It was also pointed out that Dionilo Garol testified that

mistaken in their Identification for apart from being

the store of the victim's wife was stoned while

near the crime scene which was well illuminated with

Bonifacio Cero also testified that he was the one

two Petromax lamps (TSN, page 6, Oct. 19, 1983),

being stoned.

these witnesses are familiar with the appellants since

There appears to be no inconsistency between the

they

locality.

two testimonies. The fact that the store of the victim's

Furthermore, there is no showing that the witnesses

wife was stoned does not preclude the possibility that

had any motive to testify falsely against the

Bonifacio Cero was also stoned.

appellants.

Finally, appellants maintain that Bonifacio Cero could

In fact, under similar circumstances, the Court has

not have seen with precision the stabbing of the

held that where the scene of the stabbing was clearly

victim while he was being hugged by Danny Esteban

lighted and no motive was shown why prosecution

and he had a feeling that he would be killed by the

witnesses

appellants,

group. Much less could it be possiblefor accused

identification would be given full faith and credit

Danny Esteban, Leonflo Villaester, Sidrito Lokesio

(People v. Escoltero, 139 SCRA 218).

and Alfredo Dollantes who were at the store of

The theory of the defense in this case is that it was

Severina Cadillero, to join in stabbing the victim, the

only the accused Hamlet Dollantes who stabbed the

appellants argued (Rollo, pp. 73-74).

are

all

residents

would

of

the

incriminate

same

the

11

that

render

the

testimonies

of

The records show that Cero testified that he saw

Dollantes and Alfredo Dollantes. Moreover, as

appellants stab the deceased before he was

correctly pointed out by the Solicitor General, such

embraced by appellant Danny Esteban who told him

theory is behed by the Identification made by the

"do not interfere you are not a party to this. We have

prosecution witnesses and by the number and

already gotten what we have been aiming for." (TSN,

location of the victim's wounds which are mute

page 12, Oct. 18, 1983). Clearly, the language is

evidence that several persons comn)itted the crime

unmistakable that in that at said point, the stabbing

(People's Brief, p. 17).

and the killing being described by all the witnesses

As repeatedly held by the Supreme Court, the claim

had already been accomphshed.

of alibi by the accused cannot prevail over positive

Indeed,

if

there

be

any

inconsistency

or

Identification by credible witnesses (People v. Tirol,

contradictions in their testimonies, the same are

102 SCRA 58); more so where as in the case at bar,

trivial and merely refer to minor matters which do not

it was not demonstrated that it was physically

affect credibility. They do not detract from the

impossible for the accused to have been at the scene

essential facts or vital details of the crime pinpointing

of said crime at the time of its commission (People v.

their criminal responsibility (Appellee's Brief, p. 16).

Mercado, 97 SCRA 232).

As held by this Court, discrepancies in minor details

On the other hand, the claim of Hamlet Dollantes of

are to be expected from an uncoached witness

self-defense when he stabbed the victim is not

(People v. Arbois, 138 SCRA 31). Such minor

sustained by the records. As found by the trial court,

variations would rather show the sincerity of the

the victim was not armed at the time of the incident,

witnesses and the absence of connivance between

so that there was no danger to the life and limb of the

them to make their testimonies tally in every respect

accused. The latter claims that he had to stab the

(People v. Pielago, 140 SCRA 419, 423). Truth to

victim who boxed him and would not release his

tell, such trivial differences

wounded hand (Rollo, p. 76). Apart from the obvious

constitute fail-safe

reliability.

disproportion of the means used to repel the alleged

Accused Hugo Grengia claims that the trial court

attack, three witnesses of the prosecution testified

erred in not giving weight to the admission of

that the accused Hamlet Dollantes rushed towards

accused Hamlet Dollantes that he was the lone

the victim and stabbed the latter at the back. Said

perpetrator of the killing incident (Brief for Accused-

testimonies were corroborated by the Post Mortem

Appellant Hugo Grengia, p. 7). Thus the defense

Examination (Exhibit "A") and the Sketch (Exhibit

argues that the accused Pedro Dollantes, Alfredo

"B") of the human body of the victim which showed a

Dollantes, Merlando Dollantes, Lauro Dollantes,

stab wound at the back. Furthermore, the nature,

Sidrito Lokesio, Monico Dollantes and Leonilo

character, location and extent of the wound suffered

Villaester, did not stab the victim and were not at the

by the victim, negates the accused's claim of self-

scene of the crime and that it was only accused

defense. (People v. Tolentino, 54 Phil. 77). In fact,

Hamlet Dollantes who stabbed the victim.

the eleven (11) wounds suffered by "he victim are

As found by the trial court, such claim is not

indicative of aggression (People v. Somera, 83 Phil.

supported by sufficient evidence. On the contrary, an

548; People v. Mendoza, L-16392, Jan. 30, 1965).

entry in the Police Logbook (Exhibit "D") of the

Accused-appellant Hugo Grengia submits that the

Integrated National Police of Tayasan, Negros

prosecution

Oriental, shows that one Gloria Callao, wife of the

conspiracy. Among others, he pointed out that he

accused Lauro Dollantes, turned over to the police

was unarmed at the time of the incident, that his

two (2) hunting knives owned by the accused Hamlet

name was not mentioned in the report made by

12

failed

to

prove

the

existence

of

Dionilo Garol to Patrolman Barrera as to the

concerted action and concurrence of sentiments. The

perpetrators of the crime; that his name was not

conduct of the defendants, before, during and after

included in the entry in the police logbook of the

the commission of the crime clearly shows that they

Integrated National Police of Tayasan, Negros

acted in concert. (People v. Emilio Agag, L-64951,

Oriental and that he had no participation in the

June 29, 1984, Justice

commission ofthe felony except the alleged nodding

conspiracy, the Court finds them guilty of Murder.

of his head at a time when he was trying to wrest the

(Decision, Crim. Case No. 5832, Rollo p. 77)

knife from Pedro Dollantes which is not an indication

In one case, this Court held "that while the acts done

of conspiracy (Brief for Grengia, pp. 13-16).

by the petitioners herein vary from those of their co-

While it is true that the accused Hugo Grengia,

accused, there is no question that they were all

Danny Esteban and Leonilo Villaester did not

prompted and linked by a common desire to assault

participate in the stabbing, the lower court finds them

and retaliate against the group..... Thus, they must

equally liable as principals with the other accused in

share equal liability for all the acts done by the

this case. They were found to be holding stones

participants in the felonious undertaking." (Pring v.

which they threw at the store owned by the victim

Court of Appeals, 138 SCRA 185-186 [1985]).

and his wife; they participated in kicking and dancing

Appellant Hugo Grengia lays much stress on the

around the dead body of the Barangay Captain and

testimony of Dr. Rogeho Kho that it is possible that

although Grengia also tried to wrest the knife from

all the stab wounds were inflicted by the same

Pedro Dollantes, he clearly told Dionilo Garol when

weapon, in a desperate effort to show that only one

the latter succeeded in getting the knife and was

person committed the crime and that there is no

holding the hands of Pedro Dollantes, "do not try to

conspiracy.

intervene here because you might be included in the

The records show however, that said Doctor merely

plan." (TSN, pp. 7-10, Octoer 17, 1983). Danny

replied to he questions propounded by the defense

Esteban uttered the same statements to Bonifacio

lawyer as to the different possibilities on how the

Cero, saying "do not try to interfere you are not a

wounds of the victim may have been inflicted. But

party to this. We have already gotten what we have

testifying specifically on the case at bar, he

been aiming or." (TSN, pp. 9-14, October 18,1983).

categorically stated that actually the wounds could be

Furthermore, as previously stated, while the victim

produced by a single bladed weapon with different

was delivering a speech, Hugo Grengia was telumg

sizes but not necessarily only a single bladed

people not to listen to the victim as he will not stay

weapon.

long as a Barangay Captain. It is also to be noted

Thus, the Doctor testified as follows:

that although he was a compadre of the victim, he

Atty. Jayme:

never tried to help the former while he was being

Q Basing upon your physical findings, Doc, upon the

stabbed and after the incident, he never visited the

victim Marcos Gabutero, is it possible Doc, that in

victim's family.

accordance with your drawing that the wounds

Thus, the lower court found the existence of

inflicted was caused by a single bladed weapon, is it

conspiracy as follows:

possible, Doctor, that this wound was caused by a

The accused Hugo Grengia, Danny Esteban and

single bladed weapon? Is it possible that this. I

Leonilo Villaester by their acts, aimed at the same

repeat the question, your Honor.

object,

apparently

Q According to your drawing which is labelled "BS"

independent, are in fact concerted and cooperative,

which according to you "blunt and sharp bladed

indicating

weapon which is practically single bladed weapon,

and

their

closeness

acts,

of

though

personal

association,

13

Relova)

There being

according to your physical findings there is similarly

conspiracy cannot be said not to have been

in the weapons used, could we say practically,

established.

Doctor, that these stab wounds as well as those

The lower court also found that treachery was

incised wounds may be caused by one single-bladed

present in the commission of the crime, and that the

weapon?

accused Alfredo Dollantes, Lauro Dollantes, Monico

AA

Dollantes, Sidrito Lokesio and Merlando Dollantes

ctually it could be produced by a single bladed

are as equally guilty as principals by direct

weapon with different sizes but not necessarily only a

participation. These accused took turns in stabbing

single bladed weapon.

the victim. In fact the victim was caught by surprise

Q According to you it was a single bladed weapon

and did not have time to defend himself.

with different or several sizes, now, what is your

Finally, the records show that the Barangay Captain

honest observation upon your physical findings, what

was in the act of trying to pacify Pedro Dollantes who

will be themaximum weapon used? I have here a

was making trouble in the dance hall when he was

zerox copy for your own reference.

stabbed to death. He was therefore killed while in the

A With respect to the length of the wound there are

performance of his duties. In the case of People v.

two wounds that have three em. in length, it could be

Hecto (135 SCRA 113), this Court ruled that "As the

possible that the same kind of weapon or instrument

barangay captain, it was his duty to enforce the laws

has been used. This refers to Wounds Nos.10 and

and ordinances within the barangay. If in the

11. By the way, Sir, this refers to the stab wounds

enforcement thereof, he incurs, the enmity of his

because the size of the incised wounds is difficult to

people who thereafter treacherously slew him the

determine.

crime committed is murder with assault upon a

Atty. Jayme:

person in authority."

Yes, the stab wounds only.

There is no qeustion that the trial court's conclusions

A It's hard to determine Wound No. 9 because the

on credibilitY of witnesses are entitled to great weight

length is not indicated here, so it is possible that

on appeal. (People v. Oliverio, 120 SCRA 22). After a

there are 3 or 4 kinds of instrument or weapons

careful review of the records, no plausible reason

being used. (TSN, pp. 26- 27, December 15, 1983)

could be found to disturb the findings of fact and of

Appellant

law of the lower court in this case.

Hugo

Garcia

also

emphasizes

the

testimony of Dr. Kho that the latter did not observe

PREMISES CONSIDERED, the assailed decision is

any contusions on the body of the deceased,

hereby AFFIRMED.

obviously to disprove that appellants danceda round

SO ORDERED.

and kicked the body after the victim was slain.

Fernan (Chairman), Gutierrez, Jr., Padilla, Bidin and

As correctly observed by the Solicitor General,

Cortes, JJ., concur.

"although the examining doctor failed to find any

contusion or abrasion on the cadaver of the victim,
nevertheless, such absence is not conclusive proof
that appellants did not kick the deceased. It might be
possible that kicks did not cause or produce
contusions or abrasions or that they were not noticed
by the doctor." (Appellee's Brief, p. 22). Moreover,
the fact of dancing and kicking complained of, is only
one of the acts showing conspiracy, without which,

14