FIRST DIVISION
[G.R. No. 197247. December 2, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELMER ARZAGA, RANDY ARZAGA, alias "NONOY", SANNY ATONES, JANIVER PESCA, alias "PALITO", DANILO PADILLA, alias "BUTLOG", and RENATO PADILLA, alias "KARDO", accused,
DELMER ARZAGA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated December 2, 2015which reads as follows:
"G.R. No. 197247 — PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. DELMER ARZAGA, RANDY ARZAGA, alias "NONOY", SANNY ATONES, JANIVER PESCA, alias "PALITO", DANILO PADILLA, alias "BUTLOG", and RENATO PADILLA, alias "KARDO", accused,/DELMER ARZAGA, accused-appellant.
For review is the conviction of accused-appellant Delmer Arzaga by the Court of Appeals (CA) in CA-G.R. CEB-CRHC No. 00606, 1 for the crime of murder, for the killing of Franklin Magbanua, punishable under Article 248 of the Revised Penal Code, as amended, affirming the Decision 2 of the Regional Trial Court (RTC), Branch 55, Himamaylan City, Negros Occidental, in Criminal Case No. 1020, sentencing him to suffer the penalty of reclusion perpetua.
The Information
That on or about the 28th day of May, 1998, in the Municipality of Binalbagan, Province of Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the first above-named accused, in company of his other co-accused namely: Randy Arzaga @ "Noynoy", Sanny Atones, Janiver Pesca @ "Pablito", Danilo Padilla @ "Butlog" and Renato Padilla @ "Kardo", who are still at-large, armed with bladed weapons, with evident premeditation and treachery, conspiring, confederating and helping one another and taking advantage of their superior strength, with intent to kill, did then and there, wilfully, unlawfully and feloniously attack, assault and stab one FRANKLIN MAGBANUA y YANDOG, thereby inflicting injuries upon the body of the latter which caused his death. 3
During arraignment, accused-appellant Delmer Arzaga (Arzaga), accused Janiver Pesca (Pesca), and accused Sanny Atones (Atones) pleaded not guilty to the crime charged.
Trial on the merits ensued only on accused-appellant Arzaga, accused Pesca, and accused Atones, while the case against Randy Arzaga, Danilo Padilla, and Renato Padilla, who are still at-large, was temporarily placed in the archives by the RTC pending their apprehension.
Version of the Prosecution
The prosecution presented four (4) witnesses, namely: Romeo Garlitos, Arnold Magbanua, Dr. Jeanette Andas, and Estrella Magbanua.
Prosecution witness, Romeo Garlitos (Garlitos), Franklin Magbanua's (Franklin) neighbor and cousin, testified that on 28 May 1998 at around 11:30 p.m., while standing outside his house with Franklin and Arnold Magbanua (Arnold), Franklin's brother, when accused-appellant Arzaga and Randy Arzaga with four (4) other men, whose identities he did not recognize, entered through his back gate by cutting the rope that tied the gate of his fence, suddenly stabbed Franklin repeatedly, who was sitting right outside his house watching T.V., about ten (10) meters away from him. Upon seeing the incident, Garlitos shouted, "don't, don't!" As soon as they heard Garlitos, the four (4) men fled while accused-appellant Arzaga and Randy Arzaga threatened Garlitos not to intervene and immediately left the scene.
Garlitos then shouted for help. Upon hearing his call, Arnold, a certain Jun, and other persons arrived and helped load Franklin into a Ford Fiera Jeep, and brought Franklin to a hospital in Isabela, where Franklin later died.
Arnold Magbanua (Arnold), Franklin's brother, corroborated Garlitos' testimony. He testified that on 28 May 1998 at around 11:30 p.m., he attended the fiesta celebration in Sitio Manabacsabac. When he failed to find Franklin at the dance hall, he proceeded to Garlitos' house where he saw Garlitos and Franklin. As he stood about ten (10) meters away from Garlito's house, Arnold suddenly heard Garlitos shout, "don't, don't!" When he looked back, he saw six (6) persons, whom he later identified as accused-appellant Arzaga, Randy Arzaga, accused Pesca, accused Atones, Danilo Padilla, and Renato Padilla, repeatedly stabbed Franklin.
After accused-appellant Arzaga and the other five (5) left, Arnold brought Franklin to the emergency room in a hospital in Isabela and proceeded to the Binalbagan Police Station to report the incident. The following morning, he learned that Franklin had died.
Dr. Jeannette D. Andas, Rural Health Physician of Binalbagan, testified that she performed the medical autopsy 4 on the body of Franklin. Her findings revealed that of the sixteen (16) injuries, the stabbed wound in Franklin's right anterior chest proved to be the most fatal, causing Franklin to die of cardio-pulmonary arrest. 5
Estrella Magbanua ("Estrella"), Franklin's mother, testified that Franklin was engaged in carpentry work, earning an income of at least P150.00 per day. Due to Franklin's untimely death, Estrella incurred expenses in the following amounts: (1) Eleven Thousand Five Hundred Pesos (P11,500.00) for funeral services, 6 (2) Seven Thousand Eight Hundred Four Pesos (P7,804.00) for the materials and construction of the tomb of Franklin, 7 and (3) One Thousand Nine Hundred Twenty Pesos (P1,920.00) for the food during the wake. 8
Version of the Defense
The defense presented the testimonies of Dionisio Gabitana, accused-appellant Arzaga, accused Pesca, and accused Atones. We hereby adopt the facts as presented by the defense:
DIONISIO GABITANA, testified that he knows the accused Delmer Arzaga, Sanny Atones[,] and Janiver Pesca as they are residents of the same barangay. He knows also the victim[,] Franklin Magbanua, since he used to work as a carpenter in Brgy. Bagroy.
On May 28, 1998 at around 9:00 in the evening, he went to the dance hall in Sitio Manabacsabac. When he stayed outside the hall, he saw Delmer Arzaga and Franklin Magbanua having an altercation[,] but were later stopped and sent home.
Franklin Magbanua and six (6) companions proceeded to the house of Romeo Garlitos where they had a drinking spree. He was following Delmer Arzaga. When they passed by Franklin and his group, the latter offered Delmer a bottle of beer[,] but Delmer refused. Suddenly, Franklin drew a knife and stabbed Delmer. The two then grappled for the knife. When Delmer finally had the knife in his possession, the latter stabbed Franklin. The companions then retaliated[,] but Delmer was able to run away.
Accused-DELMER ARZAGA testified that on the date and time of the incident, he was in Sitio Manabacsabac gambling and playing cara y cruz. There were many persons watching them. Later, Franklin Magbanua arrived and they had an altercation. They were stopped by some officers present. Franklin and his companions left and headed to the store of Romeo Garlitos. When he passed by the store, Franklin offered him a bottle of beer but he refused. Suddenly, Franklin tried to stab him but he was able to evade. When Franklin continued stabbing him, he stabbed Franklin in defense of himself. The companions of Franklin started throwing stones at him, so immediately ran away.
Accused-JANIVER PESCA testified that he only goes home in Binalbagan during rest days. On May 28, 1998[,] he went home. At around 7:00 in the evening[,] he ate supper and went to bed at 8:00 in the evening.
Accused-SANNY ATONES testified that on May 28, 1998 at around 5:00 o'clock (sic) in the afternoon, he arrived home after work at the sugarcane plantation. After having supper at around 6:30 in the evening, he and his mother and younger sisters went to the house of their neighbor Igle Escondida to watch television. At round (sic) 9:30[,] they all went home and slept. 9
Ruling of the RTC
The RTC convicted accused-appellant Arzaga, accused Atones, and accused Pesca guilty beyond reasonable doubt of the crime of murder.
With regard to the aggravating circumstance of evident premeditation, the RTC ruled that its presence cannot be presumed because the prosecution failed to prove evident premeditation as a fact (People v. Rizal, G.R. No. L-43487-89, February 26, 1981, 103 SCRA 282). As borne by the records, there was no sufficient lapse of time for accused-appellant Arzaga to have a cool and serene deliberation of the act he planned to do, i.e., from the moment of altercation during the "cara y cruz" game and the stabbing incident. As found by the RTC, "there was no evidence to show the time when the accused had determined to kill the victim and that they manifested an act indicating that they clung to their determination, that is, to kill the victim. Absent the planning and preparation to kill the victim, evident premeditation cannot be appreciated" (People v. Salvador, G.R. No. 113025, September 16, 1997, 279 SCRA 164, 178).
The RTC affirmed the prosecution's allegation with regard to presence of the aggravating circumstance of treachery. Based on the evidence, the prosecution established the presence of treachery as shown in the swiftness of the attack on Franklin.
The RTC further ruled that because of the coordinated acts of the accused toward the accomplishment of a criminal design, which is to kill Franklin — from surreptitiously entering the premises of Garlitos by cutting the rope that tied the gate of the fence up to swiftly attacking and stabbing Franklin to death without a warning, all the accused acted in conspiracy, which rendered them all liable as principals.
However, because accused Pesca and Atones were still minors, they were entitled to the privileged mitigating circumstance of minority. Their penalty was reduced to one degree lower than that prescribed by law. The dispositive portion of the RTC Decision, thus:
WHEREFORE, based on the foregoing premises and considerations, the court finds the accused, Delmer Arzaga, Sanny Atones, and Janiver Pesca alias "Pablito" guilty beyond reasonable doubt of the crime of MURDER charged against them and the court hereby sentences accused Delmer Arzaga to suffer the penalty of Reclusion Perpetua.
For the other accused, Sanny Atones and Janiver Pesca alias "Pablito", the court hereby accords them a reduced penalty of reclusion temporal and applying the Indeterminate Sentence Law, the court hereby sentences them to suffer the penalty of Prision Mayor medium ranging from Eight (8) Years and One (1) day to Ten (10) Years.
The court hereby orders the accused Delmer Arzaga, Sanny Atones and Janiver Pesca alias "Pablito" to jointly and severally indemnify the family of the victim the amount of P100,000.00 as moral damages and P21,224.00 as actual damages with accessory penalties except to accused Sanny Atones and Janiver Pesca alias "Pablito".
Lastly, the court hereby orders the case against Randy Arzaga alias "Nonoy", Danilo Padilla alias "Butlog"[,] and Renato Padilla alias "Kardo" who are all still at large, be placed in the archive of this court pending their apprehension. 10
Ruling of the Court of Appeals
The Court of Appeals affirmed accused-appellant Arzaga's conviction. As Arzaga himself admitted authorship of the killing of Franklin in self-defense, Arzaga has the burden to prove with clear and convincing evidence, the following essential requisites: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent or repel it; and (c) lack of sufficient provocation on the part of the person defending himself. However, Arzaga failed to prove the aforesaid requisites.
According to the Court of Appeals, besides accused-appellant Arzaga's failure to establish the elements of self-defense, the nature, number, and location of the wounds sustained by Franklin belie the assertion of self-defense. The gravity of the wounds sustained by Franklin is "indicative of a determined effort to kill and not just defend" (People v. Carriaga, G.R. No. 135029, September 12, 2003, 411 SCRA 40, 58). Based on the medical autopsy report, Franklin sustained sixteen (16) stab wounds:
| x-1- | stabbed wound, 1/2 inch length, 6-7 inches depth, |
| Right anterior chest, 5 inches MidSternal Line; | |
| x-2- | stabbed wound, Left, anterior chest, 1/2 inch length, |
| 1 centimeter depth, 1/2 inch from MidSternal Line; | |
| x-3- | stabbed wound, 3 sided edge (1 inch diameter) proximal 3rd, |
| Left arm, 2 1/2 inches depth; | |
| x-4- | stabbed wound, 1/2 inch length, superficial, middle 3rd of shoulder, |
| Left; | |
| x-5- | stabbed wound, 1/2 inch length, 3 inches depth, superficial, |
| proximal 3rd shoulder, Left; | |
| x-6- | stabbed wound, Left, temporal area, 1/2 inch length 4 inches depth |
| (downwards); | |
| x-7- | incised wound, Left, parietal, 3 1/2 inches length, 4 inches depth |
| (skull); | |
| x-8- | incised wound, Left, parietal, 1/2 inch length depth (skull) |
| 1 inch below 7, Left; | |
| x-9- | incised wound, 1/2 inch length superficial, Right parietal; |
| x-10- | stabbed wound, Left arm, distal 3rd anterior, 1/2 inch length, 2 inches depth; |
| x-11- | stabbed wound, 3/4 inch length, 4 inches depth, Left forearm, |
| middle 3rd, posterior; | |
| x-12- | stabbed wound, Left leg, 2 inches length, proximal 3rd; |
| x-13- | entrance of x-12, Left, popliteal fossa, 1/2 inch length; |
| x-14- | stabbed wound, 1/2 inch length, posterior chest, Left, level of T3, |
| 2 inches depth, 6 1/2 inches MidSternal Line; | |
| x-15- | stabbed wound, 1/2 inch length, Left leg, 2 inches below popliteal |
| fossa, 2 1/2 inches depth; | |
| x-16- | stabbed wound, 1/2 inch length, 2 inches depth, Right forearm, distal |
| 3rd posterior. 11 |
With regard to the aggravating circumstance of treachery, the Court of Appeals affirmed the findings of the trial court. As borne by the records, the Court of Appeals found that, "the testimony of [Garlitos] categorically established that [Franklin] was sitting while watching television when accused-appellant [Arzaga], together with his five (5) co-accused, passed through the back gate and ganged up on [Franklin] who was unable to fight back. The victim thus suffered sixteen (16) lesions or injuries [which caused] his death." 12
Finally, with regard to the award of actual damages, the Court of Appeals increased the amount of P21,224.00 to P25,000.00 as temperate damages in lieu of actual damages pursuant to the doctrine laid in People v. Villanueva, 13 where the Court settled that when the proven amount as evidenced by receipts is lower than P25,000.00, the award of temperate damages in the amount of P25,000.00 in lieu of actual damages is justified.
The dispositive portion of the Court of Appeals Decision reads:
WHEREFORE, the Decision dated February 27, 2004 rendered by the Regional Trial Court, Branch 55, Himamaylan City, Negros Occidental in Criminal Case No. 1020, finding accused-appellant, Delmer Arzaga, guilty beyond reasonable doubt of the crime of Murder and sentencing him to suffer the penalty of reclusion perpetua is hereby AFFIRMED with the following MODIFICATIONS as to damages:
1) The award of P21,224.00 as actual damages is deleted and in lieu thereof, the amount of P25,000.00 as temperate damages is hereby awarded;
2) The amount of P100,000.00 as moral damages is reduced to P75,000.00;
3) In addition, the heirs of the victim are also entitled to the sum of P75,000.00 as civil indemnity and P30,000.00 as exemplary damages. 14
Our Ruling
We affirm accused-appellant Arzaga's conviction.
Finding no reversible error in the findings of fact and conclusions of law of the lower courts, the Court resolves to AFFIRM the Decision of the Court of Appeals.
WHEREFORE, accused-appellant Delmer Arzaga is found GUILTY beyond reasonable doubt of the crime of MURDER (Criminal Case No. 1020) for the killing of Franklin Magbanua and is hereby sentenced to suffer the penalty of reclusion perpetua. Accused-appellant Delmer Arzaga is ordered to pay the heirs of Franklin Magbanua the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy Five Thousand Pesos (P75,000.00) as moral damages, Thirty Thousand Pesos (P30,000.00) as exemplary damages, and Twenty Five Thousand Pesos (P25,000.00) as temperate damages in lieu of actual damages.
All monetary awards shall earn interest at the rate of 6% per annum from the date of finality until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 3-15; penned by Associate Justice Agnes Reyes-Carpio with Associate Justices Edgardo L. Delos Santos and Eduardo B. Peralta, Jr. concurring.
2. Id. at 30-48; penned by Judge Jose Y. Aguirre, Jr.
3. Records, p. 23.
4. Id. at 102; Exhibit "A".
5. Id. at 14; Death Certificate, Exhibit "B".
6. Id. at 183; Exhibit "E".
7. Id. at 184; Exhibit "F".
8. Id. at 185; Exhibit "G".
9. Rollo, pp. 92-93 and 399-400.
10. Id. at 45-46; records, pp. 391-392.
11. Exhibit "A"; records, p. 102.
12. Rollo, p. 13.
13. 456 Phil. 14, 29 (2003).
14. Rollo, p. 14.