EN BANC
THE PEOPLE OF THE
PHILIPPINES,
Appellee,
G.R.
No.
144975
June 18, 2003
-versus-
AMADOR
SAPIGAO (AT
LARGE); JOSE SAPIGAO (AT LARGE);SAMUEL SAPIGAO (AT
LARGE); ELPIDIO MAMERTO;ARTURO MAMERTO,
SR. (AT LARGE); ROBERT OBILLO (AT LARGE);VERSON MAMERTO (AT
LARGE); FRANCIS SAPIGAO (AT LARGE);AND REYNALDO SAPIGAO
ALIAS "CALLONG" (AT LARGE),
Appellants. |
D E C I S I
O N
VITUG,
J.:chanroblesvirtuallawlibrary
On 24 December 1998, around
eleven o’clock in the evening, full-swing preparations for the
Christmas
Eve festivities among the residents of Barangay Carusocan Sur, Asingan,
Pangasinan, were just about in their final stages. Neighbors and
friends had by then gathered together in anticipation of the
much-awaited
noche buena to be partaken at the strike of midnight. The
Christmas
air, however, gave no warning of an impending bloody incident which
would
shatter an otherwise pervading yuletide festivity.
Emmanuel Sapigao and
his brother Gem Sapigao were on their way on board a motorcycle, driven
by Gem Sapigao, towards Zone III of the barangay to collect a
"compadre's
contribution" for the Christmas party. When the two brothers
reached
the place fronting the residence of barangay captain Arturo Mamerto,
Sr.,
his nephew Reynaldo Sapigao and Elpidio Mamerto blocked their
path.
Minutes later, Reynaldo Sapigao, then holding a carbine rifle, began
firing
at them. Alarmed, the brothers jumped off the motorcycle.
Gem
Sapigao promptly parked the vehicle on one side of the street, and the
two scampered for safety. Emmanuel hid behind a concrete wall,
approximately
ten to twelve meters away, while Gem Sapigao hid in the nearby house of
a certain Shirley Pisalvo. From their hiding places, the brothers
saw Reynaldo running and shouting, "Uncle, uncle, sinugod si
Kapitan."
Almost immediately, they then saw Elpidio Mamerto, Verson Mamerto, and
Robert Obillo, all armed trooping into the house of the barangay
captain
obviously in response to Reynaldo’s call. Elpidio Mamerto and
Robert
Mamerto were both holding M-16 armalite rifles. Verson Mamerto
had
a carbine. The barangay captain, Arturo Mamerto, Sr., was armed
with
a Caliber .45 pistol. Emmanuel Sapigao heard Arturo Mamerto
giving
instructions to the group to shoot anyone who would come near the
abandoned
motorcycle. Momentarily, Emmanuel Sapigao saw from his hidden
perch
his cousin Lauro Sapigao passed by in an owner-type jeepney.
About
half an hour later, Lauro Sapigao, together with George Cabanilla and
Puroy
Valdez, returned and stopped near the abandoned motorcycle.
Emmanuel
wanted to warn Lauro but he was too afraid of being seen. Moments
after they alighted from the jeepney, the group composed of Elpidio
Mamerto,
Arturo Mamerto, Sr., Verson Mamerto, Robert Obillo, Amador Sapigao,
Jose
Sapigao, Reynaldo Sapigao, Francis Sapigao and Samuel Sapigao rained
fire
on Lauro Sapigao. Gem Sapigao saw Jose Sapigao fire the first
shot.
Amador Sapigao approached the fallen Lauro Sapigao, got hold of the
latter's
Caliber .45 and, with it, again shot the hapless victim. One of
those
in the group shouted - "One is gone, many more will follow."chanrobles virtual law library
Terrified at what they
had seen, the two brothers, Emmanuel and Gem, ran towards the rice
field
and proceeded to the north where they flagged down a tricycle, which
took
them to the Asingan police station. Fearing for their lives, the
two subsequently went into hiding. It was only two months later
when
they finally decided to report the incident to the National Bureau of
Investigation
office in San Fernando, La Union.cralaw:red
The autopsy conducted
by Dr. Leonardo Guerrero, the rural health physician of Asingan, showed
that Lauro Sapigao sustained seven gunshot wounds. The cause of
death
was severe intracranial injury and hypovolemic shock secondary to
gunshot
wounds. The 39-year old Lauro Sapigao, a member of the Philippine
marines with a rank of corporal, was survived by his wife and two minor
children.cralaw:red
On 14 July 1999, following
an investigation, an accusatory information for murder was filed
against
the several accused -
"That on or
about 24 December 1998, in the evening, at Barangay Carusocan Sur,
Asingan,
Pangasinan, and within the jurisdiction of this Honorable Court, the
above-named
accused, in conspiracy with each other, armed with long and short
firearms,
with intent to kill, treachery and evident premeditation, did then and
there willfully, unlawfully, and feloniously, lay in wait, attack,
assault
and shoot LAURO SAPIGAO, inflicting upon him fatal gunshot wounds in
the
vital parts of his body which caused his instantaneous death, to the
damage
and prejudice of his heirs.
"Contrary to
Article
248, Revised Penal Code, as amended by Republic Act 7659."[1]
On 12 January 2000, the
information was amended to state that the killing was committed with
the
use of unlicensed firearms. Except for Elpidio Mamerto, the eight
other accused remained at large and yet to be brought to justice.chanrobles virtual law library
Against the evidence
submitted by the prosecution, heretofore narrated, Elpidio Mamerto
raised
the defense of alibi. He said that he was in his house the entire
fateful evening with numerous friends and relatives preparing for the
noche
buena. While his house was but twenty meters from the place of
the
incident, he, however, was unaware of the shooting that took place
because
he and his relatives were busy enjoying themselves. He denied
having
seen Lauro Sapigao on the date of the incident. Corroborating
Mamerto’s
alibi were his neighbors and relatives who gave testimony to the effect
that Mamerto did not, even for a second, leave his residence around the
time when Lauro Sapigao was shot to death.cralaw:red
On 17 July 2000, the
Regional Trial Court of Urdaneta City, Branch 46, rendered its decision
holding Elpidio Mamerto guilty of murder and imposing on him the
extreme
penalty of death; it concluded:
"WHEREFORE,
judgment is hereby rendered, CONVICTING ELPIDIO MAMERTO of the crime of
Murder qualified with aggravated murder, and the Court sentences him to
suffer the penalty of DEATH to be implemented in the manner as provided
for by law; ordering Elpidio Mamerto to indemnify the heirs of Lauro
Sapigao
the sum of P70,000.00 as actual damages, another sum of P75,000.00 for
moral damages and the further sum of P50,000.00 as exemplary damages.chanrobles virtual law library
"The Clerk of
Court
is hereby ordered to prepare the mitimus and to transmit the entire
records
of the case to the Supreme Court of the Philippines for automatic
review.
"The jail warden,
Bureau
of Jail Management and Penology (BJMP), Urdaneta District Jail,
Urdaneta
City, is hereby ordered to deliver the living body of Elpidio Mamerto
to
the National Bilibid Prisons, Muntinlupa City, immediately upon receipt
of this decision."[2]
In the instant
automatic
appeal, Elpidio Sapigao has raised, by way of issues, his assignment of
errors thusly:
"WHETHER,
NOTWITHSTANDING
THE INCONSISTENCIES IN THE TESTIMONIES OF THE WITNESSES, THE
PARTICIPATION
OF ACCUSED IN THE COMMISSION OF THE CRIME WAS ESTABLISHED BEYOND
REASONABLE
DOUBT
"WHETHER THE TRIAL
COURT
WAS JUSTIFIED IN FINDING THAT TREACHERY ATTENDED THE KILLING OF LAURO
SAPIGAO
"WHETHER THERE IS
PROOF
BEYOND REASONABLE DOUBT THAT APPELLANT MAMERTO PARTICIPATED IN THE
SHOOTING
OF LAURO SAPIGAO WITH THE USE OF AN UNLICENSED FIREARM."[3]
The defense of alibi,
like
denial, is easily rendered dubious and weak where, such as in this
instance,
positive identification has been made by eyewitnesses.
Emmanuel Sapigao, at
the witness stand, detailed the participation of Elpidio Mamerto in the
killing of Lauro Sapigao. He testified:chanrobles virtual law library
"Q. And after hiding
yourself in that cemented wall, what happened next?
"A. I tried
to peep and I saw Reynaldo Sapigao running towards the South shouting
something,
sir.cralaw:red
"Q. What did he shout?
"A. He shouted,
`Uncle, uncle, dinarop da ni kapitan,’ meaning `uncle, uncle, sinugod
si
kapitan.’
"Q. Do you know who
this uncle Reynaldo was calling?
"A. Yes,
sir.cralaw:red
"Q. Who?
"A. It was
Elpidio Mamerto, sir.cralaw:red
"Q. Who is this Kapitan?
"A. Arturo
Mamerto, Sr., sir.cralaw:red
"x
x
x
x x
x
x x x
"Q. After Reynaldo Sapigao
called `uncle, uncle, sinugod si Kapitan,’ what happened next?chanrobles virtual law library
"A. I saw
Elpidio Mamerto, Verson Mamerto, and Robert Obillo going [towards] the
house of the barangay captain, sir.cralaw:red
"Q. You mean Arturo
Mamerto, Sr.?
"A. Yes,
sir.cralaw:red
"Q. What did you notice
with Verson Mamerto, Elpidio Mamerto, and Robert Obillo when they were
going towards the house of Arturo Mamerto, Sr.?
"A. They
were all armed with a long rifle.cralaw:red
"Q. Will you please
describe to the Honorable Court what Elpidio Mamerto was holding at
that
time?
"A. M-16
armalite, sir.cralaw:red
"x
x
x
x x
x
x x xchanrobles virtual law library
"Q. So what happened
next when you saw Verson Mamerto, Robert Obillo and Elpidio Mamerto
going
towards the house of Brgy. Captain Arturo Mamerto, Sr.?
"A. They
were met by the barangay captain Arturo Mamerto, Sr. in front of their
house, sir.cralaw:red
"Q. What did you notice
with barangay captain Arturo Mamerto, Sr. when he met them in front of
his house?
"A. He was
also armed, sir.cralaw:red
"x
x
x
x x
x
x x x
"Q. So, what transpired
then when barangay captain Arturo Mamerto, Sr., met Verson Mamerto,
Robert
Obillo and Elpidio Mamerto in front of his house?
"A. I heard
him instructing them, he was telling them in Ilocano, `if anyone gets
near
the motorcycle, shoot him.’
"Q. So what happened
next after the barangay captain instructed the three to shoot anyone
who
gets near the motorcycle?
"A. That
was the time I saw my cousin riding on his owner type jeep going
towards
south, towards Villasis, sir.cralaw:red
"Q. You saw your cousin
passing by?
"A. Yes,
sir.cralaw:red
"x
x
x
x x
x
x x x
"Q. What was the name
of your cousin?chanrobles virtual law library
"A. Lauro
Sapigao, sir.cralaw:red
"Q. So, what happened
next when you saw your cousin driving his owner type jeep going towards
Villasis?
"A. I was
about to get near him but I was afraid because they might shoot me.cralaw:red
"COURT:
"Q. You did not stop
him?
"A. No sir,
I did not stop him.cralaw:red
"Q. So, he passed by?
"A. Yes,
sir.cralaw:red
"PROSECUTOR TOMBOC:
"Q. What transpired
next after your cousin Lauro Sapigao passed by driving his owner type
jeep?chanrobles virtual law library
"A. After
a few minutes, Lauro Sapigao came back, sir.cralaw:red
"Q. So, where did he
return at that time?
"A. Going
to North towards Asingan, sir.cralaw:red
"Q. And while your cousin
was going North, what happened?
"A. He suddenly
stopped his jeep, sir.cralaw:red
"Q. Where?
"A. At the
western side of the street, sir.cralaw:red
"COURT:
"Q. How far was it from
the house of Arturo Mamerto, Sr.?
"A. More
or less 10 meters, sir.chanrobles virtual law library
"Q. So, what else transpired
after your cousin Lauro Sapigao stopped his jeep?
"A. When
Lauro Sapigao stopped his jeep, he alighted from the jeep, sir.cralaw:red
"COURT:
"Q. Was he alone?
"A. No,
sir, with two companions.cralaw:red
"Q. Do you know who
were these companions of Lauro Sapigao in that jeep?
"A. Yes,
sir, they were George Cabanilla and Puroy Valdez, sir.cralaw:red
"Q. After Lauro Sapigao
alighted from the jeep, what else happened?
"A. Lauro
Sapigao walked around towards the back of the jeep, sir.cralaw:red
"Q. What happened next?
"A. After
having three steps, that was the time he was shot, sir.cralaw:red
"Q. Who shot Lauro Sapigao?
"A. The
group of Arturo Mamerto, Sr., sir.chanrobles virtual law library
"x
x
x
x x
x
x x x
"Q. Who composed the
group?chanrobles virtual law library
"A. Elpidio
Mamerto, Verson Mamerto, Robert Obillo, Amador Sapigao, Jose Sapigao,
Reynaldo
Sapigao, Francis Sapigao and Samuel Sapigao, sir.cralaw:red
"Q. You mean all of
them [fired a] shot?chanrobles virtual law library
"A. Yes,
sir.cralaw:red
"Q. What was the firearm
used by Elpidio Mamerto?
"A. Baby
armalite, sir.cralaw:red
"Q. About Reynaldo Sapigao?
"A. Carbine
rifle, sir.cralaw:red
"Q. About Verson Mamerto?
"A. Carbine
rifle, sir.chanrobles virtual law library
"Q. About Robert Obillo
"A. Armalite,
sir.cralaw:red
"Q. About Amador Sapigao?
"A. Armalite,
sir.cralaw:red
"Q. About Jose Sapigao?
"A. Armalite,
sir.cralaw:red
"Q. About the barangay
captain Arturo Mamerto, Sr.?
"A. Cal.
.45, sir.cralaw:red
"Q. You have mentioned
Amador Sapigao, Jose Sapigao, Reynaldo Sapigao, Francis Sapigao and
Samuel
Sapigao. When for the first time did you notice them before Lauro
Sapigao was shot?chanrobles virtual law library
"A. When
Elpidio Mamerto went to the house of barangay captain Arturo Mamerto,
Sr.,
they were already there, sir.cralaw:red
"Q. Mr. Witness, what
happened then to Lauro Sapigao when he was shot?
"A. He fell
to the ground, sir.cralaw:red
"Q. At that time, Lauro
Sapigao fell to the ground, what happened?
"A. I saw
Lauro Sapigao fall to the ground and he tried to crawl but Amador
Sapigao
got near him and got the Cal. .45 of my cousin and shot him with it,
sir.cralaw:red
"COURT:
"Q. You mean Lauro Sapigao
had a gun?
"A. Yes,
sir.cralaw:red
"x
x
x
x x
x
x x x
"Q. How was his body
positioned?
"A. He remained
on the ground, facing down, sir.cralaw:red
"Q. How about the group
of Verson Mamerto, Robert Obillo, Elpidio Mamerto, Jose Sapigao,
Reynaldo
Sapigao, Francis Sapigao, Samuel Sapigao after Amador Sapigao shot
Lauro
Sapigao?
"A. They
remained in front of the house of the barangay captain, sir.chanrobles virtual law library
"Q. How about you, what
did you do then?
"A. We ran
with Gem Sapigao going to the rice field, sir."[4]
Gem Sapigao corroborated
the testimony of his brother and described with equal clarity the
participation
of Elpidio Mamerto in the killing of Lauro Sapigao. He declared:
"Q. What did you do
when Reynaldo Sapigao blocked your way holding a carbine firearm?
"A. We were
surprised when we were met by Reynaldo Sapigao with carbine being
carried
by him and my brother jumped from the motorcycle while I was left
because
I had my motorcycle stand at the side of the road.cralaw:red
"Q. After that, what
happened next?chanrobles virtual law library
"A. After
having my motorcycle stand at the side of the road, a jeep passed by
and
after the jeep passed by that was the time Reynaldo Sapigao hit me, sir.cralaw:red
"Q. Were you hit?chanrobles virtual law library
"A. No,
sir.cralaw:red
"Q. About the jeep,
do you know who owned that jeep that passed by?
"A. No,
sir.cralaw:red
"Q. After that, what
happened next when you were not hit?
"A. Of course,
I hid myself, ran to a culvert and passed over the culvert going the
house
of a certain Shirley Pisalvo.cralaw:red
"Q. x
x x. Did you notice your brother Emmanuel?
"A. My brother
went ahead of me and sought cover in the same compound, because I was
cornered,
I hid myself to a wall.cralaw:red
"Q. After seeking cover
in the compound of Shirley Pisalvo, what happened next?
"A. Reynaldo
Sapigao came out shouting going to the south.cralaw:red
"Q. What was he shouting
at that time?
"A. He was
shouting that we attacked the house of Captain Mamerto.cralaw:red
"Q. To whom was Reynaldo
Sapigao directing those shouts?
"A. The
shouts were directed to the cousins of Reynaldo Sapigao because their
names
were being mentioned.cralaw:red
"COURT:
"Q. Who were the
cousins he mentioned?
"A. What
I heard was, `Cousins, you come.’
"x
x
x
x x
x
x x x
"FISCAL TOMBOC;chanrobles virtual law library
"Q. After that Mr. Witness,
what happened after Reynaldo Sapigao shouted, `cousins, you come?’
"A. I saw
coming from the south Elpidio Mamerto, Verson Mamerto, Robert Obillo,
Jose
Sapigao, Amado Sapigao, Francis Sapigao, Samuel Sapigao and Michael
Orines.cralaw:red
"Q. Who else, Mr. Witness?
"A. Brgy.
Captain Arturo Mamerto, Sr.cralaw:red
"x
x
x
x x
x
x x x
"Q. So after
you saw these persons you mentioned coming from the south, what
transpired
next?
"A. At that
time, the jeep of my cousin passed by.cralaw:red
"x
x
x
x x
x
x x x
"Q. What was the name
of your cousin who passed by?
"A. Lauro
Sapigao, sir.cralaw:red
"Q. Did you notice how
many persons were on board that jeep?
"A. I did
not notice because the jeep was closed.chanrobles virtual law library
"Q. So, where did that
jeep proceed?
"A. It proceeded
to Villasis.cralaw:red
"Q. After the jeep passed
by, what happened next?
"A. About
30 minutes, more or less, the jeep of my cousin returned because we
cannot
come out from where we were because persons were still there.cralaw:red
"Q. When that jeep returned,
what happened, Mr. Witness?
"A. The
owner jeep stopped near the place where I left my motorcycle.cralaw:red
"COURT:
"Q. Does your cousin
Lauro know your motorcycle?
"A. Yes,
sir.cralaw:red
"Q. So, your cousin
stopped because he saw your motorcycle?
"A. I do
not know, sir.cralaw:red
"FISCAL TOMBOC:
"Q. So when that jeep
stopped, what happened next?chanrobles virtual law library
"A. Lauro
Sapigao alighted from the jeep, sir.cralaw:red
"Q. Where did he go?
"A. He moved
three to four steps behind the jeep, sir.cralaw:red
"Q. While your cousin
Lauro was proceeding behind the jeep taking about 3 to 4 steps, what
happened
next?
"A. There
was a series of gunfire, sir.cralaw:red
"Q. Where did the gunfire
come from?
"A. The
gunfire came from the persons that I noticed coming from the south.chanrobles virtual law library
"Q. You mean these persons
have firearms when you saw them?
"A. Yes,
sir.cralaw:red
"Q. You said you saw
that Elpidio Mamerto [was] one of those persons who came from the south
direction, what was Elpidio Mamerto holding at that time?
"A. Armalite,
sir.cralaw:red
"x
x
x
x x
x
x x x
"Q. You mentioned that
the gunfire came from these persons who were holding firearms.
Will
you name those persons whom you said the gunfire came from?
"A. The
first one who [fired] his gun was Jose Sapigao.cralaw:red
"Q. Whose direction
was he firing at?
"A. To my
cousin Lauro Sapigao, sir.cralaw:red
"Q. Do you know how
many gunshots were fired by Jose Sapigao?
"A. I cannot
count how many because the gunshots were numerous.cralaw:red
"x
x
x
x x
x
x x xchanrobles virtual law library
"Q. How about Elpidio
Mamerto what was he doing then?
"A. Almost
all of them simultaneously fired their guns.cralaw:red
"Q. To whom were they
directing their fire?
"A. To my
cousin Lauro Sapigao, sir.cralaw:red
"Q. What happened to
Lauro Sapigao when you saw these persons fired their firearms at him?
"A. When
I saw Lauro Sapigao was hit at both of his legs, he fell facing the
ground.chanrobles virtual law library
"Q. Were these persons
still firing at him when he fell down?
"A. Yes,
sir, they continued firing at him when he fell down."[5]
Appellant would call
attention to the supposed discrepancy in the statements of eyewitness
Emmanuel
Sapigao. During direct examination, Emmanuel Sapigao stated that
eight persons had fired shots at Lauro Sapigao.[6]
This inadvertence, however, might be explained by the fact that the
name
of the ninth malefactor, Arturo Mamerto, Sr., whose name Emmanuel
missed
to give, was earlier mentioned by him as being the leader of the
group.
On cross-examination, Emmanuel Sapigao made it clear that Arturo
Mamerto,
Sr., was one of the group of nine malefactors.[7]
Emmanuel remained unwavering in pointing to appellant Elpidio Mamerto
as
among those who had fired at Lauro Sapigao. His testimony was
similar
to the account given by Gem Sapigao that also undeniably placed
appellant
at the scene of the crime acting in concert with the other members of
the
group.cralaw:red
The conspiracy to kill
Lauro Sapigao was implicit from the conduct of the assailants.
Upon
the call made by Reynaldo Sapigao, the malefactors, including appellant
Elpidio Mamerto, immediately converged at the latter’s residence.
All were carrying firearms. Appellant Elpidio Mamerto, as well as
the rest of the conspirators, appeared to be acquiescent to the
instructions
of Arturo Mamerto, Sr., the brother of Elpidio, to shoot at anyone who
would come near the abandoned motorcycle of Gem Sapigao. The
succeeding
events bespoke of a unity of and singularity in the design to
kill.
While it might be doubtful that appellant Elpidio Mamerto himself had
hit
Lauro Sapigao, considering that the slugs which caused the latter's
death
were not examined nor matched with the firearms from which they were
fired,
the act of one being the act of all in conspiracy, appellant Elpidio
Mamerto
was equally liable with the rest of the group. Undeniably, all of
the suspects made themselves scarce from the clutches of the law.
Elpidio Mamerto himself was arrested more than a year after the
incident,
on 12 January 2000, and only after attempting to evade capture by
fleeing
to a cornfield. This conduct would not bespeak well of the
character
of an innocent man.chanrobles virtual law library
In the amended information
filed against him, appellant Elpidio Mamerto was charged with the
Murder
of Lauro Sapigao, with the aggravating and qualifying circumstances of
treachery, evident premeditation and use of unlicensed firearms.cralaw:red
Apparent from the testimony
of the witnesses was the bad blood between the families of the victim
and
the perpetrators of the crime. Emmanuel Sapigao ran against, but
lost to, appellant Arturo Mamerto, Sr., for the position of barangay
captain
of Carusocan. Mariano Sapigao, Jr., brother of Emmanuel and Gem
Sapigao,
was incarcerated in Muntinlupa for the murder of the son of Romeo
Torralba,
a nephew of appellant Elpidio and Arturo Mamerto. Elpidio Mamerto
had accompanied the police in raiding the house of witnesses Emmanuel
and
Gem Sapigao in connection with the murder case which led to the filing
of charges of Illegal Possession of Firearms and Assault against the
brothers
before the Regional Trial Court of Urdaneta City. It was
appellant,
as barangay kagawad, and his brother, Arturo Mamerto, as barangay
chairman,
who monitored the movements of the brothers. The incident that
fateful
night of 24th of December 1998, from all indications, was not an
isolated
occurrence but that it was another scenario in a deep-seated history of
violence between two warring factions in barangay Asingan.
Reynaldo
Sapigao, upon seeing Emmanuel and Gem Sapigao, called his cousins and
shouted,
"Uncle, Uncle, sinugod si kapitan," apparently convinced that the two
brothers
had come to do them harm. At Reynaldo's alarm call, the cohorts
immediately
converged, each with a firearm, in a defensive posture, as if expecting
and readying for an armed attack from Emmanuel and Gem Sapigao.
Lauro
Sapigao later stopped near the abandoned motorcycle to possibly render
succor to his cousins. No less than Emmanuel and Gem Sapigao had
admitted that Lauro was also armed at that time. It was more
likely
than not that he somehow anticipated an armed encounter. These
circumstances
render doubtful the attendance of treachery in the killing of Lauro
Sapigao.cralaw:red
Evident premeditation
may be appreciated when the execution of the criminal act is preceded
by
cool thought and reflection upon the resolution to carry out the
criminal
intent during the space of time sufficient to arrive at a calm judgment.[8]
As its name suggests, evident premeditation must be clearly
shown.
Before it can be considered, its elements, i.e., (1) the time when the
accused has decided to commit the crime, (2) an overt act manifestly
indicating
that the accused has clung to his determination to commit the crime,
and
(3) sufficient lapse of time between the decision to commit the crime
and
the execution thereof to allow for reflection upon the consequences of
the act,[9]
must be established with equal certainty and clarity as the criminal
act
itself.[10]
The existence of conspiracy notwithstanding, evident premeditation
cannot
be presumed. Only where conspiracy is directly established, as
opposed
to its being merely implied, can this aggravating circumstance itself
be
possibly assumed to be attendant.[11]chanrobles virtual law library
It was unlikely that
the assailants knew beforehand that Emmanuel and Gem Sapigao would pass
through the residence of Arturo Mamerto, Sr., that fateful night, let
alone
that the deceased Lauro Sapigao would come to their aid. Their
response
to what was perceived to be a dangerous situation was immediate,
virtually
allowing them no sufficient time to coolly reflect on the consequences
of their action. Evident premeditation was not adequately shown.cralaw:red
Republic Act No. 8294,
which took effect on 06 July 1997, would allow the use of an unlicensed
firearm to be taken as an aggravating circumstance "if homicide or
murder
was committed with the use of an unlicensed firearm." The use of
unlicensed firearms was proved by the testimony of prosecution witness
SPO4 Elmer Dedicatoria, Sr., from the Firearms and Explosives Division
at Camp Crame, Quezon City. SPO4 Dedicatoria testified and
presented
before the court a certification that appellant was only licensed to
carry
a pistol, Armscor, caliber .45 with Serial No. 7662248 covered by
computerized
license issued on 08 May 1998 with expiration date on December
2000.
It was clear from the testimony of Emmanuel and Gem Sapigao, however,
that
appellant Elpidio Mamerto shot at Lauro Sapigao not with a pistol but
with
an unlicensed armalite.cralaw:red
The killing of Lauro
Sapigao, not having been attended by any circumstance qualifying the
act
to murder, appellant Elpidio Mamerto can be held liable for the crime
of
homicide, defined by Article 249 of the Revised Penal Code, viz:-
"Homicide.
- Any person who, not falling within the provisions of Article 246,
shall
kill another without the attendance of any of the circumstances
enumerated
in the next preceding article, shall be deemed guilty of homicide and
be
punished by reclusion temporal."
There being one
aggravating
circumstance of use of unlicensed firearms, the penalty of reclusion
temporal
is to be applied in its maximum period. Applying the
Indeterminate
Sentence Law, the minimum of the penalty to be imposed is anywhere
within
the penalty one degree lower than the prescribed penalty, without
regard
to the modifying circumstances, or prision mayor. Appellant could
thus be held subject to the penalty of anywhere from six (6) years and
one (1) day to twelve (12) years of prision mayor, as minimum, to
anywhere
from seventeen (17) years, four (4) months and one (1) day to twenty
(20)
years of reclusion temporal maximum, as maximum.chanrobles virtual law library
Consistently with the
prevailing jurisprudence, the award made by the trial court of civil
indemnity
should be reduced to P50,000.00 and the award of actual damages not
having
been sufficiently proved is deleted and, in lieu thereof, an award of
P25,000.00
temperate damages would be in order.cralaw:red
WHEREFORE, the Court
finds appellant Elpidio Mamerto GUILTY of the crime of homicide and
imposes
upon him an indeterminate sentence of eight (8) years, ten (10) months
and one (1) day of prision mayor as minimum to eighteen (18) years and
eight (8) months of reclusion temporal maximum, as maximum. The
award
by the trial court of civil liability is modified by reducing the civil
indemnity to fifty thousand pesos (P50,000.00) and, in lieu of actual
damages
which is deleted, an award of P25,000.00 temperate damages is made in
favor
of the heirs of Lauro Sapigao. Costs de oficio.chanrobles virtual law library
The Court, in passing,
expresses the hope that the law-enforcement agencies have not relented
in their efforts to have all the suspects in the killing of deceased
Lauro
Sapigao ultimately brought to justice.cralaw:red
SO ORDERED.cralaw:red
Davide, Jr., C.J.,
Bellosillo,
Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Corona,
Carpio-Morales, Callejo, Sr., and Azcuna, JJ., concur.
Panganiban, J., I reiterate
my Separate Opinion in People v Raquino 274 phil 283, September 30,
1999.
Austria-Martinez, J.,
on leave.
________________________________
Endotes
[1]
Rollo, p. 10.
[2]
Rollo, pp. 41.
[3]
Rollo, p. 70.
[4]
TSN, Emmanuel Sapigao, Direct Examination, 07 February 2000, pp. 5-13.
[5]
TSN, Gem Sapigao, Direct Examination, 09 February 2000, pp. 5-11.
[6]
Q. Who shot Lauro Sapigao?chanrobles virtual law library
A.
The group of Arturo Mamerto, Sr., sir.chanrobles virtual law library
Q.
Who are those in that group of Arturo Mamerto Sr. at the time Lauro
Sapigao
was shot? x x x
A.
Elpidio Mamerto, Verson Mamerto, Robert Obillo, Amador Sapigao, Jose
Sapigao,
Reynaldo Sapigao, Francis Sapigao and Samuel Sapigao, sir. (TSN,
Emmanuel Sapigao, Direct Examination, 07 February 2000, pp. 10-12.)
[7]
Q. You also testified yesterday that you saw eight (8) persons in the
group
of Captain Mamerto?
A.
Nine (9) including Mamerto, sir.
Q.
All in all there were nine (9) persons that you saw that night?
A.
Yes, sir.chanrobles virtual law library
Q.
Are you sure?
A.
Yes, sir. x x xchanrobles virtual law library
Q.
Those persons that you mentioned to have been seen by you, is that all
that you saw that night?
A.
There were so many persons considering that it was Christmas Eve, sir.
Q.
But the persons that you allegedly saw carrying guns they were the only
persons that you saw?
A.
They were the persons carrying guns, sir.
Q.
Are you sure?chanrobles virtual law library
A.
Yes, sir.chanrobles virtual law library
Q.
(Atty. Florendo referring to the Sinumpaang Salaysay marked Exhibit "A"
executed by Emmanuel Sapigao before the NBI of Urdaneta, Pangasinan, on
07 January 1999). (Supplied). In answer No. 3, last portion
- x x x Mula sa kalsada, nakita ko si Francis Sapigao, Michael
Osias-Mamerto
na may dalang .45 pistol at hindi ko alam kung anong klase naman kay
Michael."
Do you know one by the name of Michael Osias-Mamerto?
A.
I know his name but I don't know his face, sir.
Q.
Why is it that you did not mention the name Michael Osias Mamerto when
you identified the persons you allegedly saw?
A.
I forgot, sir.chanrobles virtual law library
Q.
Why do you forget that easily?chanrobles virtual law library
A.
I cannot remember their names, sir.chanrobles virtual law library
Q.
You said that there were nine (9) persons that you saw that evening,
showing
to you this sworn statement on "Tanong No. 5 - Mula sa
iyong
pinagtataguan, nakita mo ba kung sinu-sino and bumaril kina Lauro
Sapigao?
Sagot - Oo, sina Reynaldo Sapigao, Elpidio Mamerto, Robert Obillo,
Verson
Mamerto, Amador Sapigao and si Jose Sapigao." There were only six
(6) names of persons you mentioned in this affidavit but yesterday, you
mentioned eight (8) persons. Why is that so? Which is
correct,
the six names of persons you mentioned in this affidavit or the eight
persons
that you named yesterday?
A.
There were nine (9) persons carrying guns but I am sure that six (6)
fired
their guns at my cousin, sir.chanrobles virtual law library
Q.
In other words you added three (3) persons from the six (6) you
mentioned
in your sworn statement?chanrobles virtual law library
A.
Yes, sir.chanrobles virtual law library
Q.
In your sworn statement, you acknowledged that?
A.
Yes, sir. x x xchanrobles virtual law library
COURT:chanroblesvirtuallawlibrarychanrobles virtual law library
Q.
How many persons did you include?
A.
Six, sir.chanrobles virtual law library
Q.
Now you are telling the Court nine (9)?chanrobles virtual law library
A.
Six persons fired their guns and what I saw nine (9) persons,
sir.
(TSN, Emmanuel Sapigao, cross-examination, 08 February 2000, pp. 16-18.)
[8]
People vs. Bibat, G.R. No. 124319, 13 May 1998, 290 SCRA 27.chanrobles virtual law library
[9]
People vs. Timblor, G.R. No. 118939, 27 January 1998, 285 SCRA 64.
[10]
People vs. Reyes, G.R. No. 118649, 09 March 1998, 287 SCRA 229.
[11]
People vs. Padlan, G.R. No. 111263, 21 May 1998, 290 SCRA 388. |