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SECOND DIVISION

G.R. No. 107329 January 24, 1994

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DANILO MANALO Y LATAG, VICENTE VILLAPANDO Y ROXAS, ANTONIO FAJARDO Y CARINO AND JOSE MANALO Y LATAG, Accused-Appellants.

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

Victoriano H. Endaya for accused-appellants.

PUNO, J.:

Accused-appellants were charged with MURDER before the Regional Trial Court (Branch V) ¹of Lemery, Batangas. The amended information ²dated December 20, 1983 reads:

That on or about the 5th day of June, 1983, at about 1:30 o'clock in the morning, in Poblacion East, Municipality of Alitagtag, Province of Batangas, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Danilo Manalo y Latag, Vicente Villapando y Roxas, and Jose Manalo y Latag, armed with a hunting knife, ice-pick and fan knife (balisong), respectively, together with their co-accused Antonio Fajardo y Carino who is (sic) holding the hands of the victim, conspiring and confederating together, acting in common accord and mutually helping one another, with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and stab suddenly and without warning one Edilberto Arguelles y Dadar, thereby inflicting upon the latter several stab wounds on the different parts of his body which directly caused his instantaneous death.chanroblesvirtualawlibrarychanrobles virtual law library

That in the commission of the crime, the aggravating circumstance of abuse of superior strength was in attendant (sic).

Upon arraignment, accused-appellants pleaded NOT GUILTY. ³hence, trial on the merits ensued.chanroblesvirtualawlibrarychanrobles virtual law library

These are the facts:chanrobles virtual law library

On June 5, 1983, at around 1:30 a.m., Rosana Balino ⁴was in the poblacion of Alitagtag, Batangas. She was near the church, located along the highway, waiting for a ride to her hometown, Lemery. Patrolman Edilberto Arguelles, the victim, happened to be within the vicinity. Concerned with her safety as it was already late, Pat. Arguelles assured her that he would flag down a vehicle for her. She was made to sit on a bench of a store nearby. He, on the other hand, waited for a vehicle along the highway.chanroblesvirtualawlibrarychanrobles virtual law library

Later on, they saw a group of not less than four men coming.
Pat. Arguelles warned her: "mag-ingat ka, tarantado ang mga ito."
Pat. Arguelles then approached the group who, at that time, were lifting a wooden barricade on the street. He admonished them not to lift the barricade as vehicles would still pass by. The group left and proceeded to a store near the church. After awhile, Rosana told Pat. Arguelles that he could leave her alone. He did. She did not see where he went. ⁵chanrobles virtual law library

Meanwhile, the four left the store. They went past Rosana on their way to the right side of the church. Thereafter, Rosana heard one of them shout thrice:
" putang-ina mo, lumabas and duwag at matapang." Suddenly, she saw
Pat. Arguelles rushing to the street from nowhere. He fired a warning shot and approached the group. She heard him say: "sumosobra na kayo." Another shot was fired. She then saw Pat. Arguelles held the hand of a man. They fought on the ground as they were scuffling for something. She hid but Pat. Arguelles managed to tell her to fetch a policeman from a nearby municipal building. She hurriedly complied. At the municipal building she reported the on-going scrimmage to patrolman Nestor Reyes. ⁶On their way to the place of the incident, they met witness Crispin Badillo. He, too, witnessed the flurry. Crispin told Rosana and Pat. Reyes that the victim was probably dead.chanroblesvirtualawlibrarychanrobles virtual law library

Prior to the incident, CRISPIN BADILLO, was at his friends at the store of "Ka Charing", located at the west side of the church of Alitagtag, Batangas. He went home at around 12:00 midnight. His house, which is just a few meters from the church, is also located along the highway. ⁷He slept in his bedroom upstairs and tried to snatch some sleep. ⁸chanrobles virtual law library

At around 1:30 a.m. of June 5, 1983, he heard a gunshot. He went to the door and peeped. He saw, from a distance of seven (7) meters, ⁹accused
Danilo Manalo, Jose Manalo, Vicente Villapando and Antonio Fajardo, ganging up on Pat. Arguelles who was already lying on the ground (along the highway). While they were grappling, three (3) successive shots were fired from the
.45 caliber pistol held by Pat. Arguelles. Accused Antonio Fajardo tried to wrestle the pistol from Pat. Arguelles and then held the policeman's hand. At the same time, his co-accused Danilo Manalo, followed by Jose Manalo and Vicente Villapando, who were armed with a hunting knife, an ice pick and a
fan knife (balisong), respectively, repeatedly stabbed the victim. Pat. Arguelles struggled. Nonetheless, the four accused were just too much for him to handle. Accused Fajardo succeeded in wrestling the gun away from Pat. Arguelles. After more or less ten (10) minutes, the accused fled. The bleeding
Pat. Arguelles staggered towards the municipal building. He collapsed near the arch stone.chanroblesvirtualawlibrarychanrobles virtual law library

After the accused had fled, witness Crispin went to the municipal building nearby. Along the way, he met Pat. Nestor Reyes and Rosana Balino. They rushed to the scene and found the lifeless body of the victim sprawled on the ground.chanroblesvirtualawlibrarychanrobles virtual law library

Pat. Reyes and Corporal Felizardo Lucero, who also arrived at the scene, searched the area. They conducted an investigation. In the vicinity of the crime, they found a balisong stained with blood, a deformed lead slug, two (2) empty shells and a T-shirt, allegedly owned by Jose Manalo. The policemen also confiscated the T-shirt of Vicente Villapando which was stained with blood.chanroblesvirtualawlibrarychanrobles virtual law library

The body of the victim was subsequently brought to the National Bureau of Investigation (NBI) for autopsy. The postmortem findings ¹⁰ revealed that the victim died due to hemorrhage, secondary to multiple stab wounds of the body. The victim sustained eighteen (18) stab wounds in different parts of his body. ¹¹chanrobles virtual law library

Accused Danilo Manalo claimed self-defense. This is his story. At around 8:00 o'clock in the evening of June 4, 1983, he was with his brother Jose, and the other accused, viz: Antonio Fajardo, Vicente Villapando, and a certain Apolinario Balagat and Ruel Ilagan. They went to the residence of Julian Holgado in Brgy. Munlawin, Alitagtag. Danilo claimed that it was the birthday of Julian Holgado. ¹² He ate supper and watched the festivities thereat. At 11:00 o'clock, they left the residence of Holgado. They traversed the highway enroute to their homes in Brgy. Sambi.chanroblesvirtualawlibrarychanrobles virtual law library

Around 1:30 in the early morning of June 5, 1983, they reached the poblacion of Alitagtag. Suddenly, Pat. Arguelles blocked Danilo's path and insisted on taking the latter to the municipal building. Danilo refused to go with him as he did not done anything wrong. Pat. Arguelles then held his hand and fired his gun twice. When he still refused, Pat. Arguelles aimed the gun at his head. Danilo then parried the gun and drew a balisong which he kept in his trousers. He stabbed Pat. Arguelles several times. ¹³ Thereafter, he went home and did not report to the authorities. He was afraid of what the authorities might do to him. Danilo insisted that, at the time he stabbed the victim, all his companions had already scampered away. ¹⁴ He further alleged that
Pat. Arguelles was mad at him because he used to defeat the policeman whenever they play mahjong. ¹⁵chanrobles virtual law library

On cross-examination, Danilo alleged that they went to the house of Julian Holgado since it was the baptismal of the latter's daughter. ¹⁶ Upon reaching Brgy. Munlawin, they helped with the preparation of the food. They chopped chickens and pork meat. Later that evening, they attended the festivities.chanroblesvirtualawlibrarychanrobles virtual law library

At around 1:00 o'clock in the morning of June 5, 1983, they were walking along the highway towards the poblacion. He saw Pat. Arguelles who was with a lady companion. He was not aware of any reason why Pat. Arguelles accosted him. Prior to the incident, there were no ill-feelings between him and the victim. ¹⁷chanrobles virtual law library

Accused Vicente Villapando, on the other hand, testified that they were in the residence of Julian Holgado as it was the baptismal of the latter's son. He was requested by Holgado to chop meat. ¹⁸ When they left Munlawin, they passed by Alitagtag where they chanced upon Pat. Arguelles. The policeman was in front of the church of Alitagtag. The latter accosted Danilo for no apparent reason. Thereafter, he heard a gunshot. Due to fear, he ran away and headed for home. He slept immediately and was not bothered as to what could had happened to his companion Danilo. ¹⁹ On cross-examination, he testified that he was the only one who helped in chopping meats. His companions merely engaged in conversation with each other. ²⁰chanrobles virtual law library

The other accused, Antonio and Jose, corroborated the testimonies of Vicente and Danilo. They both ran away upon hearing the gunshot.chanroblesvirtualawlibrarychanrobles virtual law library

After the trial on the merits, the lower court, in its decision, ²¹ dated March 31, 1987, found all the accused guilty of Murder qualified by abuse of superior strength. Accused were then sentenced to suffer imprisonment from seventeen (17) years, four months and one (1) day to twenty (20) years, with all the accessory penalty as provided by law. They were, likewise, ordered to pay the heirs of Edilberto Arguelles the sum of thirty thousand pesos (P30,000.00), as civil indemnity.chanroblesvirtualawlibrarychanrobles virtual law library

In view of the penalty imposed by the lower court, accused Jose Manalo, Vicente Villapando and Antonio Fajardo appealed to the Court of Appeals. The appellate court affirmed the factual findings of the lower court but modified the amount of civil indemnity and the penalty imposed. In its decision dated
April 27, 1992, the accused were meted the penalty of reclusion perpetua, there being no aggravating circumstance. The civil indemnity was increased to
fifty thousand pesos (P50,000.00) in line with the existing jurisprudence. In view of the penalty imposed, the appellate court certified the case to this Court for review.chanroblesvirtualawlibrarychanrobles virtual law library

We affirm the factual findings of the appellate court and the trial court.chanroblesvirtualawlibrarychanrobles virtual law library

It is a settled rule that the findings and conclusions of the trial court on the credibility of the witness deserves respect because it is in a better position to determine whether the witness was telling the truth or not, having observed the demeanor of the witness while testifying on the witness stand. In the case at bar, there is no cogent reason why we should not adhere to this rule.chanroblesvirtualawlibrarychanrobles virtual law library

Previous to the stabbing incident, Crispin had known the three (3) accused, namely, Danilo, Jose and Antonio, for quite a long time. All of them are residents of Alitagtag. He also came to know accused Antonio Fajardo a few weeks before the incident.chanroblesvirtualawlibrarychanrobles virtual law library

It was, also, not improbable for the eyewitness to recognize the accused during the flurry. The place of the incident was well lighted at that time. Crispin testified as follows:

FISCAL MALABANAN:chanrobles virtual law library

Q: Mr. witness, considering that it was early in the morning,
1:30 o'clock in the morning of June 5, 1983, how were you able to recognize that these were the persons who stabbed Edilberto Arguelles?chanrobles virtual law library

A: I was able to identify the four (4) accused as the persons who stabbed Patrolman Arguelles on June 5, 1983 because the place of the incident was illuminated coming from a nearby electric post and secondly, by the light coming from our house, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q: All in all, how many lights were there in the vicinity of your place?chanrobles virtual law library

A: There were four (4) sources of lights illuminating the place, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Will you please mention these four (4) sources?chanrobles virtual law library

A: The light coming from infront of our house, the light coming from the inside of our house and also the left side of our house, there was an electric post and the Police Outpost which was near the place of incident, it was also lighted by an electric bulb.

(TSN, March 7, 1984, pp. 13-14)

The testimonies of Crispin and Rosana, taken together, had completed the chain of events surrounding the slaying of Pat. Arguelles. These witnesses do not appear to be biased, not to mention that they were strangers to each other prior to the incident. They have no motive to concoct a false story against the accused.chanroblesvirtualawlibrarychanrobles virtual law library

The failure of Rosana to recognize the face of the men she saw that early morning of June 5, 1983, will not exculpate the accused-appellants. For one thing, accused-appellants never denied that they were the group alluded to by Rosana. More important, the positive identification of the accused by
Crispin Badillo was enough to support the judgment of conviction. Truth is established not by the quantity of witnesses but by the quality of their testimonies.chanroblesvirtualawlibrarychanrobles virtual law library

Accused Danilo Manalo claims self-defense. In the light of the circumstances in field, we cannot consider said justifying circumstance in his favor. We also find it difficult to believe that he, alone, was responsible for the death of the victim.chanroblesvirtualawlibrarychanrobles virtual law library

The autopsy report of the NBI showed that the victim sustained eighteen (18) stab wounds. The medico-legal officer of the NBI testified as follows:

Q: In your report, you mentioned 18 stab wounds, can you tell the Court how many possible weapons have been used in inflicting the wounds?chanrobles virtual law library

A: Considering the multiplicity of wounds and considering the differences in characters (sic) and measurements (sic) of the wounds, the probability is that more than one stabbing instrument were used.

xxx xxx xxx

Q: You said it is possible that there could have been more than one instrument that has been used in view of the characters (sic) of the wounds?chanrobles virtual law library

A: I think I answered most probably, it is probable, your honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q: So, by instrument, you musty be referring to sharp pointed instrument?chanrobles virtual law library

A: Yes sir and single bladed instrument sir.

(TSN, December 10, 1984, pp. 15, 17)

To be sure, Danilo did not act in self-defense when he stabbed the victim. Rosana testified that Pat. Arguelles, who rushed to the scene because the accused were being unruly, fired a warning shot. There was no evidence that said victim aimed the gun at Danilo other than the self-serving testimony of said accused and that of his co-accused. The lower court found this allegation of the accused-appellant incredible. We agree.chanroblesvirtualawlibrarychanrobles virtual law library

The number of the wounds sustained by the victim also negates Danilo's assertion of self-defense. Moreover, at the time Danilo's life was allegedly threatened by Pat. Arguelles, he had five (5) other companions, viz: Ruel Ilagan and Apolinario Balagat, ²² and co-accused Jose, Vicente and Antonio. Anyone of them could have easily proceeded to the police outpost for help. Surprisingly, they did not. They all fled.chanroblesvirtualawlibrarychanrobles virtual law library

We now determine whether the lower court and the appellate court correctly appreciated the qualifying circumstance of abuse prior of superior strength.chanroblesvirtualawlibrarychanrobles virtual law library

The circumstance of abuse of superior strength is not necessarily present by the mere fact that there were four assailants. The more important factor to consider is whether the assailants took advantage of their combined strength to consummate the offense.chanroblesvirtualawlibrarychanrobles virtual law library

Crispin Badillo testified as follows:

ATTY. MARQUEZ:chanrobles virtual law library

Q: When according to you, Antonio Fajardo was trying to wrest the
.45 caliber from the possession of the victim, from what point of time did you see him wrestling the gun from the victim?chanrobles virtual law library

A: While Arguelles was being stabbed sir.

xxx xxx xxx

Q: Was he able to wrest the gun from the victim?chanrobles virtual law library

A: Yes sir.

xxx xxx xxx

Q: At what point of time did you hear three (3) successive shots?chanrobles virtual law library

A: I heard the three (3) successive shots in (sic) that time that Antonio Fajardo was wrestling the gun away from Arguelles and the three were stabbing the victim.

(TSN, March 7, 1984, pp. 85-86)

The above testimony showed that accused Antonio Fajardo was wrestling the gun away from the victim while the latter was being simultaneously stabbed by the three (3) accused. Crispin also testified that the victim was already in a lying position when he was stabbed. Considering the number of the
accused-appellants and their bladed weapons, the gun of the victim failed to save his life. It was hardly of any factor. All things considered, we hold that the killing of Pat. Arguelles was qualified by abuse of superior strength.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, premises considered, decision of the appellate court is AFFIRMED. Accused-appellants, Danilo Manalo, Jose Manalo, Vicente Villapando and Antonio Fajardo are meted the penalty of reclusion perpetua and are ordered to indemnify the heirs of Patrolman Edilberto Arguelles the sum of fifty thousand pesos (P50,000.00). With costs against accused-appellants.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Narvasa, C.J., Padilla and Regalado, JJ., concur.chanroblesvirtualawlibrarychanrobles virtual law library

Nocon, J., is on leave.

Endnotes:

1 Presided by Executive Judge Glicerio L. Cruz.chanrobles virtual law library

2 Original Records, pp. 133-134.chanrobles virtual law library

3 See Order dated February 15, 1984, p. 141.chanrobles virtual law library

4 Also known as "Susan".chanrobles virtual law library

5 TSN, April 30, 1984, pp. 8-9.chanrobles virtual law library

6 TSN, April 30, 1983, pp. 10-13.chanrobles virtual law library

7 See Sketch marked as Exhibit "A"; Original Records, p. 150.chanrobles virtual law library

8 TSN, March 7, 1984, pp. 51-52.chanrobles virtual law library

9 TSN, March 7, 1984, p. 59.chanrobles virtual law library

10 See Exhibit "L"; Original Records, pp. 43-45.chanrobles virtual law library

11 TSN, December 10, 1984, p. 4.chanrobles virtual law library

12 TSN, April 23, 1985, p. 7.chanrobles virtual law library

13 TSN, April 23, 1985, pp. 17-18.chanrobles virtual law library

14 TSN, April 23, 1985, pp. 10-22.chanrobles virtual law library

15 TSN, April 23, 1985, pp. 14-16.chanrobles virtual law library

16 TSN, July 17, 1985, p. 5.chanrobles virtual law library

17 TSN, July 17, 1985, p. 14.chanrobles virtual law library

18 TSN, February 4, 1985, pp. 6-7.chanrobles virtual law library

19 TSN, February 4, 1985, pp. 13-16; 19-20.chanrobles virtual law library

20 TSN, February 18, 1985, p. 7.chanrobles virtual law library

21 CA Rollo, p. 22.chanrobles virtual law library

22 Balagat and Ilagan were dropped from the information because during the preliminary investigation, there were no evidence which would link them to the killing of Pat. Arguelles.