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SECOND DIVISION

G.R. No. L-55271 January 30, 1984

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DOROTEO PASCUAL, JR. alias "Boy", WARLIE ORGANO and ROMEO ORGANO, accused, DOROTEO C. PASCUAL, JR. alias "Boy", and RODOLFO ORGANO, as "Warlie", Accused-Appellants.

The Solicitor General for plaintiff-appellee.chanrobles virtual law library

Antonio P. Coronel for accused-appellant Pascual, Jr.chanrobles virtual law library

Francisco Carreon for accused-appellant R. Organo.

ABAD SANTOS, J.:

DOROTEO PASCUAL, Jr., WARLIE ORGANO and ROMEO ORGANO were accused of murder in the defunct Court of First Instance of Pangasinan said to have been committed according to the information as follows:

That on or about the 11th day of May, 1979, between 10:00 to 11:00 o'clock in the evening, at the barangay of Papallasen, Municipality of Umingen Province of Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and helping one another, with intent to kill and with treachery and evident premeditation, armed with a bladed instrument and piece of wood, did then and there, willfully, unlawfully and feloniously attack, assault, and stab one EDUARDO MONES successively, hitting him in different parts of his body, thereby inflicting mortal wounds which caused his death. (Expediente, p.55.)

Doroteo Pascual and Warlie Organo were tried but not Romeo Organo who was at large. After trial the court rendered a decision with the following dispositive portion:

WHEREFORE, premises considered, this Court hereby finds the accused Doroteo Pascual, Jr., alias "Boy", and Warlie Organo, whose real name is Rodolfo Organo, guilty beyond reasonable doubt of the crime of Murder, defined and penalized in Article 248 of the Revised Penal Code and sentences both of them to suffer the penalty of reclusion perpetua and to indemnify the heirs of the deceased Eduardo Mones in the sum of Twelve Thousand Pesos (P12,000.00). Costs against both accused. (Expedients, p. 239.)

Doroteo and Warlie appealed their conviction. They filed separate briefs both of which claim that the trial court erred in convicting them of murder on the sole testimony of Manuel Supnet and in rejecting their alibi.chanroblesvirtualawlibrarychanrobles virtual law library

The People's version of the facts is as follows:

On the moonlit night of May 11, 1979, Manuel Supnet, Dominador Mones and other residents of Cabalitian, Umingan, Pangasinan attended the fiesta of the adjoining barangay of Papallasen (pp. 4-6, tsn., Dec. 19, 1979). At the premises of the barangay auditorium, Manuel Supnet saw Eduardo Mones walking along the road in the company of appellants, Doroteo Pascual Jr., and Rodolfo Organo, and accused Romeo Organo, his friends (pp. 3-5, id.). He overheard Rodolfo Organo and Romeo Organo say that they were going to the house of a certain Lacay Andres to have pulutan, so he followed them but furtively, in order to partake of the pulutan also (pp. 5, id.). As the group stopped he saw Doroteo Pascual, Jr. suddenly club Eduardo Mones with a bamboo pole and Rodolfo Organo and Romeo Organo stab him with bladed weapons. The three assailants then ran away. Stunned and frightened, he went back to the auditorium and told Dominador Mones, that his brother Eduardo, was clubbed and stabbed along the road (pp. 4-10, tsn., Dec. 19, 1979). Dominador Mones with two policemen who were within the vicinity of the auditorium proceeded to the scene of the crime. They found the lifeless body of Eduardo lying across the road (pp. 24-25, tsn., Dec. 6, 1979).chanroblesvirtualawlibrarychanrobles virtual law library

That same evening Cpl. Zareno and three other policemen also went to the scene of the crime. They found two bamboo poles (Exhs. E, F) on the road near the body of the victim (pp. 30-32, tsn., June 3, 1980).chanroblesvirtualawlibrarychanrobles virtual law library

At 2:00 o'clock in the afternoon of the next day which was about fifteen hours after the incident in question, Dr. Rosanna Victoria autopsied the body of Eduardo Mones (p. 4, tsn., Dec. 6, 1979). She rendered a report thereon (Exh. A, pp. 156-157, rec.) which states her findings, viz:

1. External findings:

1. Stab wound, 1 inch wide, 1-1/2 inch deep at the right upper chest.chanroblesvirtualawlibrarychanrobles virtual law library

2. Stab wound, 1-1/2 inch wide, possibly reaching the heart, 4 inches deep, at the right middle upper chest.chanroblesvirtualawlibrarychanrobles virtual law library

3. Stab wound, 1 inch wide, 3 inches deep possibly reaching the liver at the right hypochondriac region.chanroblesvirtualawlibrarychanrobles virtual law library

4. Stab wound, 1/2 inch wide, 1/2 inch deep at left scapular region of the back.chanroblesvirtualawlibrarychanrobles virtual law library

5. Stab wound, 1 inch long, 4 inches deep at the middle part of the back possibly reaching the left lung.

"Cause of Death:

Acute hemorrhage due to fatal wounds possibly reaching the liver, heart and lung." (Exhibit A. Autopsy Report).

She found no hematoma or contusion on the body of the said victim, Eduardo Mones, other than the aforementioned stab wounds (p. 12, tsn., Dec. 6, 1979) but opined that because of the lapse of sometime from the incident traces of hematoma or contusion must have disappeared although some force must have been applied (p. 14, ed.). (Brief, pp. 2-4.)

From the assignments of error made by both appellants it is obvious that the principal issue is the credibility of witnesses or the appreciation of their testimony by the trial court. On this premise the appeals must fail because the conclusions and findings of fact made by the trial court are entitled to great weight and should not be disturbed except for strong and cogent reasons which are absent in this case.chanroblesvirtualawlibrarychanrobles virtual law library

The case for the prosecution is built principally on the testimony of Manuel Supnet who testified on December 19, 1969, before the very same judge who penned the decision which is the subject of the appeals.chanroblesvirtualawlibrarychanrobles virtual law library

At the nine he testified Manuel Supnet was 26 years old. He lived in the house of Rogelio Valera for whom he worked as a farm helper for the past two years. Eduardo Mones (the deceased) had been his "barkada" for two years, He and Doroteo Pascual, Jr. "are good friends." Similarly, He and Warlie Organo" are good friends." Warlie and Romeo Organo are brothers.chanroblesvirtualawlibrarychanrobles virtual law library

In the evening of May 11, 1979, he was at the dance hall of Papallasen, Umingan, Pangasinan, on the occasion of its fiesta. He was with Rogelio Valera, Rogelio's wife, Dominador Mones and many others.chanroblesvirtualawlibrarychanrobles virtual law library

He saw Eduardo Mones in the company of Doroteo, Warlie and Romeo and he followed them as they walked towards the west. He followed the group because he heard that they were going to eat pulutan When the group passed the house of a certain Lacay Andres an incident happened.

Q When you have passed the house of Lacay Andres what happened?chanrobles virtual law library

A They clubbed Eduardo Mones and then stabbed him sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who clubbed Eduardo Mones?chanrobles virtual law library

A Boy Pascual clubbed Eduardo Mones, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who stabbed Eduardo Mones?chanrobles virtual law library

A Warlie Organo and Romeo Organo, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q At that time how far were you to these persons?chanrobles virtual law library

A About ten (10) meters, sir.

Q From your place right now, will you please point to a distance in the courtroom where this Eduardo Mones at the time and being clubbed by Boy Pascual and stabbed by the Organo brothers?chanrobles virtual law library

A Witness pointing to a distance of 7 to 8 meters.chanroblesvirtualawlibrarychanrobles virtual law library

Q How were you able to see the clubbing and stabbing at that distance considering that it was in the evening?.chanroblesvirtualawlibrarychanrobles virtual law library

A It was moonlight, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Can you still recall where was the moon at that time? About fifty (50) degrees, sir.chanroblesvirtualawlibrarychanrobles virtual law library

A How bright was the moonlight at that time?chanrobles virtual law library

Q It was bright, sir.chanroblesvirtualawlibrarychanrobles virtual law library

A How big is that moon?chanrobles virtual law library

A Full moon, sir. (TSN, Vol. 11, pp. 40-41.)

xxx xxx xxx

Q When the three immediately after the stabbing wen down the river what did you do?chanrobles virtual law library

A I ran and reported the matter to the brother of Eduardo Mones, Dominador Mones, sirchanrobles virtual law library

Q To whrere did you run and report?chanrobles virtual law library

A Nortward, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What place?chanrobles virtual law library

A In front of the auditorium, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now, will you please tell the Court how many minutes if you know did you negotiate by running the distance from the place where you have seen the clubbing and stabbing to the place near the auditorium where Dominador Mones was at the time?chanrobles virtual law library

A About a minute, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was he watching?chanrobles virtual law library

A Whatching the dance, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where was he watching the dance?chanrobles virtual law library

A By the side of the road, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were his companions, if any?chanrobles virtual law library

A Rogelio Valera, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did you report to Dominador Mones? ?chanrobles virtual law library

A I told him his younger brother was stabbed,sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What else?chanrobles virtual law library

A Later on Dominador Mones rode in the jeep and went to see his brother, chanrobles virtual law library

Q Before that what else did you tell Dominador Mones, if any.?chanrobles virtual law library

A No more, sir. (Idem., pp. 44-45.)

Dominador Mones, brother of Eduardo, testified in part as follows:

Q Now, in the evening of May 11, 1979 at about 10:00 o'clock, do you remember where were you?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where were you then?chanrobles virtual law library

A I was in Papallasen, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were the companions of yours, if any?chanrobles virtual law library

A Rogelio Valera, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why were you there at Papallasen?chanrobles virtual law library

A I went to attend the fiesta, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q In what particular place of Papallasen were you at the time?chanrobles virtual law library

A In front of the auditorium, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you recall if you have seen the accused Doroteo Pascual and Warlie Organo at that precise time you were in front of the auditorium at Papallasen?chanrobles virtual law library

ATTY. VELASQUEZ

Leading.

COURT:

Answer.

WITNESS:chanrobles virtual law library

A I saw them, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were the companions of these two accused, if any?chanrobles virtual law library

A My brother, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What is the name of your brother?chanrobles virtual law library

A Eduardo Mones, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who else?chanrobles virtual law library

A Warlie Organo, Romeo Organo, Doroteo Pascual, Jr. and my brother, air.chanroblesvirtualawlibrarychanrobles virtual law library

Q What is the relation, if you know ff any, of Warlie Organo and Romeo Organo?chanrobles virtual law library

A They are brothers, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Is there any relationship, if you know between the Organo brothers and the accused Doroteo Pascual, Jr.?chanrobles virtual law library

A I do not know any relationship between them sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What happened when this group you mentioned when you have seen them in front of the auditorium at Papallasen that evening.?chanrobles virtual law library

A They were walking towards the west, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know why they were walking to the direction of the west?chanrobles virtual law library

A I do not know, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q While this group reached the place where you were at that time what did they do, if any?chanrobles virtual law library

A They stopped, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What happened when they stopped?chanrobles virtual law library

A When they stopped for a moment Warlie Organo touched the shoulder of my brother and said "Let's go to the west".chanroblesvirtualawlibrarychanrobles virtual law library

Q And what did your brother do?chanrobles virtual law library

A0 He went with them, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were those persons, will you please mention again the name of those persons that your brother joined and went together going to the west that evening?chanrobles virtual law library

A Warlie Organo, Doroteo Pascual, Jr., Romeo Organo and my brother, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What happened after that?chanrobles virtual law library

A After the lapse of half an. hour somebody came that somebody was stabbed in the west, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who is that somebody who came and informed you of the stabbing incident?chanrobles virtual law library

A I do not know his name, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did you do upon hearing that information?chanrobles virtual law library

A When Pat. Pascua and Sgt. Obedoza went there I joined them, sir.

xxx xxx xxx

Q What, direction did you go when you joined Sgt. Obedoza and Pat. Pascua in riding in the jeep of Valera? chanrobles virtual law library

A We went towards the west, air.chanroblesvirtualawlibrarychanrobles virtual law library

Q What particular place in the west? chanrobles virtual law library

A We went to the place where there was stabbing,sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what have you seen?chanrobles virtual law library

A When we reached there I saw my brother lying on the ground, sir. (TSN, Vol 1, pp. 21-25.)

0The testimony of Supnet is assailed on the following grounds: (1) it is incredible and (2) it is uncorroborated.chanroblesvirtualawlibrarychanrobles virtual law library

There is no basis for the claim that Supnet's testimony is incredible. A portion of his testimony has been quoted above to show that it is coherent and free from improbabilities. The trial judge who heard Supnet testify describes his evidence as follows: "The testimony of Supnet before this Court was categorical and spontaneous. According to Investigator Cpl. Dominador Barwel even when first examined by him on May 15, 1979, less than a day after the burial of the decease, Supnet gave his sworn statement, Exhibit "A", in a straightforward manner, without any hesitancy.In this first testimony of his, he already positively declared that he actually saw Doroteo Pascual, Jr. clubbing the deceased with a bamboo dub and then Warlie Organo and his brother Romeo Organo immediately took turns in stabbing the deceased. (Expediente, p. 236.)chanrobles virtual law library

The testimony of Supnet was partly corroborated by that of Dominador Mones 0(brother of the deceased), a part of which is quoted above. Dominador Mones that on that fatal evening Eduardo was with Pascual and the Organo brothers; that the group went towards the west; that not long afterwards he was informed that someone had been stabbed; and it turned out to be his brother. But even if Supnet's testimony had not been corroborated the result will not be altered. For the credibility of evidence is not necessarily determined by the number of witnesses but by the quality of the testimony.chanroblesvirtualawlibrarychanrobles virtual law library

It is also alleged that no motive was shown for the killing of Eduardo. Suffice it to say that while evidence of motive is useful it is not essential and lack of its proof is not fatal to the case for the prosecution.chanroblesvirtualawlibrarychanrobles virtual law library

The defense of the appellants is alibi. Pascual claimed that at the time of the incident he was at his house in Lapaz which is just a kilometer away and can be negotiated on foot in ten minutes. Warlie Organo claimed that he was dead drunk at the house of his brother Joveno when the incident. He learned about the death of Eduardo the next day from visitors who came to celebrate the baptism of another brother's child. The defense of alibi, however, cannot prevail over the positive Identification made by Supnet that Pascual and Warlie Organo were two of the three assailants of the deceased.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the judgment of the trial court is hereby affirmed with the sole modification that the appellants shall jointly and severally the heirs of the deceased in the amount of Twenty-five (P25,000.00) Thousand Pesos. Costs against the appellants.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Makasiar (Chairman), Aquino, Concepcion, Jr., Guerrero, De Castro and Escolin, JJ., concur.