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SECOND DIVISION

G.R. No. 96687 July 20, 1994

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOMINGO BONGADILLO y SHARON, Accused-Appellant.

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

Public Attorney's Office for accused-appellants.

PUNO, J.: P

DOMINGO BONGADILLO was charged with MURDER before the Regional Trial Court (Branch XVII) ¹of Tabaco, Albay, for hacking to death his stepmother's second husband, MAXIMINO BUAL. The Information, ²dated September 22, 1989, reads:

That on or about the 1st day of June, 1989, at more or less 7:00 o'clock in the morning at Sitio Quinastillohan, Barangay Hacienda, San Miguel, Municipality of Tabaco, Province of Albay, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, treachery, taking advantage of superior strength and with evident premeditation, did then and there, wilfully, unlawfully and feloniously attack and hack with a bolo MAXIMINO BUAL Y BARCELLANO, thereby inflicting upon the latter multiple fatal wounds in the different parts of his body which caused his instantaneous death, to the damage and prejudice of the latter's heirs.chanroblesvirtualawlibrarychanrobles virtual law library

ACTS CONTRARY TO LAW.

Upon his arraignment on December 4, 1989, accused-appellant pleaded not guilty. Thereafter, trial ensued.chanroblesvirtualawlibrarychanrobles virtual law library

The testimonies of prosecution witnesses, Bonifacio Bongat, Dominga Bustamante, Asuncion Bustamante Bual, Dr. Audwin Azada, and Vicente Burce, tried to establish these facts:chanrobles virtual law library

On May 31, 1989, BONIFACIO BONGAT, a barber and resident of San Roque, Tabaco, Albay, visited his nephew, Ernesto Bongat, in Hacienda, San Miguel, Tabaco, Albay. ³chanrobles virtual law library

At around seven o'clock in the morning of June 1, 1989, Bonifacio headed for Salvacion, Malilipot, Albay, to attend the barrio's feast day, held every first Saturday of June. After walking for three (3) minutes, he arrived at the beach. From a distance of approximately fifteen meters, Bonifacio saw the accused, Domingo Bongadillo, hacking another man with a bolo. However, Bonifacio failed to recognize the victim who by then was sprawled on the ground. ⁴After he had hacked the victim three (3) times, the accused fled. Bonifacio then boarded a paddled boat and proceeded to Salvacion, Malilipot, Albay. ⁵chanrobles virtual law library

On June 4, 1989, the feast day celebration of Salvacion, Bonifacio met Dionisio Bustamante and learned from him that the victim was Maximo Bual, second husband of Asuncion. Upon Dionisio's request, Bonifacio went to the police station and gave his sworn statement ⁶in relation to the hacking incident.chanroblesvirtualawlibrarychanrobles virtual law library

DOMINGA BUSTAMANTE, sister of Asuncion, testified that at around seven o'clock in the morning of June 1, 1989, she was in Quinastillohan, Hacienda, San Miguel, Tabaco, Albay. Unaware of what transpired along the beach, Dominga proceeded to the house of Maximino Bual to request the latter to help her clear the property of Freddie Burce. She was stunned upon seeing Maximino Bual in a pool of blood. She then looked for her sister, Asuncion, and found her husking corn in a farm.chanroblesvirtualawlibrarychanrobles virtual law library

Apparently, prior to the hacking incident, or in the afternoon of May 31, 1989, Domingo Bongadillo inquired form Dominga if she was aware of the problem involving his live-in girlfriend, Lory Azurpado, and the victim, Maximino Bual. Dominga denied any knowledge about it. Unable to contain his emotion, Domingo told her that Maximino was taking advantage of his girlfriend. Domingo vowed he would kill Maximino. ⁷chanrobles virtual law library

ASUNCION BUAL, stepmother of the accused and the widow of Maximino, had no inkling about the incident. She was husking corn when her sister, Dominga Bustamante, informed her of her husband's tragic fate. Asuncion rushed home and saw the lifeless body of her husband Maximino, more or less, four meters from their house.chanroblesvirtualawlibrarychanrobles virtual law library

Asuncion recalled that in the afternoon of May 31, 1989, Domingo, who was standing some thirty meters from their house, angrily brandished his bolo at Maximino Bual. Accused threatened: "Magrani ka ta gagadanon taka!" ⁸(Come near and I will kill you). She, however, was not aware of the alleged affair between her husband, Maximino, and her stepson's girlfriend.chanroblesvirtualawlibrarychanrobles virtual law library

After the hacking incident, the barangay captain, Vicente Burce, was summoned at the scene of the crime. He went to the residence of Domingo, some forty meters from the place of incident. When he arrived, Domingo was eating boiled camote with his bare hands. Domingo, at that time, was with a lady companion. Vicente did not pay attention to Domingo's hands, but he (Vicente) noticed that Domingo was wearing clean clothes. After informing Domingo that he was suspected of killing Maximino, Vicente invited Domingo to the police station to avoid any untoward incident.chanroblesvirtualawlibrarychanrobles virtual law library

The victim was examined by Municipal Health Officer, Dr. Audwin C. Adaza. It was revealed that the victim sustained fourteen (14) hack wounds and died due to "Hypovolemic/Neurogenic Shock secondary to Multiple Hacked Wounds with Cervical Transaction." ⁹chanrobles virtual law library

The evidence for the defense consisted mainly of the testimony of accused-appellant Domingo Bongadillo.chanroblesvirtualawlibrarychanrobles virtual law library

Accused-appellant admitted that, on May 28, 1989, his girlfriend, Lory, and his "Papay Imo" (Maximino), told him of Maximino's intention to take Lory with him to Cabasan. Domingo claimed he was not jealous of Maximino, albeit Lory had been his live-in partner for four (4) months. Neither was he offended by Maximino's proposition which, he averred, was told to him in jest. Domingo averred that before he and Lory lived together, they had agreed that each of them could freely enter into other relationships.chanroblesvirtualawlibrarychanrobles virtual law library

A day before the incident, or at around eleven o'clock in the morning of May 31, 1989, Domingo allegedly gathered gravel and rocks. He loaded the rocks he collected in a vehicle. As he was loading a rock, he slipped. The rocks fell. His hands were pinned and injured in the process.chanroblesvirtualawlibrarychanrobles virtual law library

He complained that he was feverish due to his swollen hands. At the time the barangay captain, Vicente Burce, came to his house and brought him to the Tabaco police station, he had a fever. With both of his hands injured, accused-appellant claimed it was not possible for him to hack the victim to death.chanroblesvirtualawlibrarychanrobles virtual law library

Two (2) witnesses, P/Cpl. Reynaldo Borromeo and Patrolman Eduardo Boridor, Municipal Warden and Jail Guard, respectively, affirmed that accused was holding his left hand with his right hand when the latter was brought in to the police station. Later, accused was brought to the Rural Health Unit where he was given antibiotics for his injured hands.chanroblesvirtualawlibrarychanrobles virtual law library

After trial, DOMINGO BONGADILLO was found guilty of MURDER with the qualifying/aggravating circumstances of evident premeditation and abuse of superior strength. He was meted the penalty of reclusion perpetua and ordered to indemnify the heirs of the victim, Maximino Bual y Barcellano, the sum of thirty thousand pesos (P30,000.00). ¹⁰chanrobles virtual law library

Feeling aggrieved, Domingo Bongadillo appealed. He raises these errors:

THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE INCONSISTENT, CONTRADICTORY, AND IMPROBABLE TESTIMONIES OF PROSECUTION WITNESSES DOMINGA BUSTAMANTE, BONIFACIO BONGAT AND ASUNCION BUAL.chanroblesvirtualawlibrarychanrobles virtual law library

THE TRIAL COURT ERRED IN NOT GIVING WEIGHT TO THE ACCUSED' DEFENSE OF ALIBI AND DENIAL, IT BEING IMPROBABLE FOR HIM TO COMMIT THE CRIME CHARGED BECAUSE HIS HANDS WERE BADLY INJURED BY REASON OF AN ACCIDENT THAT BEFELL HIM THE DAY BEFORE THE CRIME INCIDENT.chanroblesvirtualawlibrarychanrobles virtual law library

THE TRIAL COURT ERRED IN FINDING ACCUSED GUILTY OF MURDER BEYOND REASONABLE DOUBT.

We affirm the judgment of conviction.chanroblesvirtualawlibrarychanrobles virtual law library

Eyewitness Bonifacio Bongat positively identified accused-appellant as the assailant. He testified:chanrobles virtual law library

FISCAL BOCALBOS:

Q: Mr. Bongat, do you recall where you were on the morning of June 1, 1989 at about 7:00 in the morning?chanrobles virtual law library

WITNESS:chanrobles virtual law library

A: I was at the Hacienda.chanroblesvirtualawlibrary chanrobles virtual law library

Q: In what particular place at the Hacienda were you?chanrobles virtual law library

A: I was at (sic) house of Ernesto Bongat, my nephew.

xxx xxx xxxchanrobles virtual law library

Q: What time did you stay at the house of your nephew?chanrobles virtual law library

A: I was there until 7:00 a.m. when I went to the beach.chanroblesvirtualawlibrarychanrobles virtual law library

Q: To what direction were you going then?chanrobles virtual law library

A: I was proceeding to Salvacion, Malilipot, Albay to attend the barrio fiesta.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Do you recall if there was an accident while you were at said time and place?chanrobles virtual law library

A: Yes, sir, there was.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Will you tell the Honorable Court what was that unusual incident about?chanrobles virtual law library

A: Upon reaching the beach I saw somebody being hacked.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Do you know the man being hacked?chanrobles virtual law library

A: I do not know him.chanroblesvirtualawlibrarychanrobles virtual law library

Q: How about the one that was hacking the victim, do you know him?chanrobles virtual law library

A: Yes, sir, I know him.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Who was that man?chanrobles virtual law library

A: Domingo, sir.

xxx xxx xxxchanrobles virtual law library

Q: Let us go to the point where this Domingo was hacking a man. How many times did you see Domingo hack the man?chanrobles virtual law library

A: I was not able to count. I just saw him that man.chanroblesvirtualawlibrarychanrobles virtual law library

Q: At least, can you tell us was it once, twice or thrice?chanrobles virtual law library

A: I can only estimate 3 times after which I left.chanroblesvirtualawlibrarychanrobles virtual law library

Q: What was the position of the man when he was being hacked by Domingo?chanrobles virtual law library

A: He was already lying flat on the ground.

xxx xxx xxxchanrobles virtual law library

Q: Up to this time you did not know who was that man who was hacked?chanrobles virtual law library

A: I came to know him later.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Who was that man?chanrobles virtual law library

A: He was that certain Maximino.

(TSN, March 16, 1990, pp. 3-7)chanrobles virtual law library

Accused-appellant urges that Bonifacio was 100 meters from the scene of the crime. Considering said distance, not to mention that the eyewitness was, more or less, sixty-nine years old when he witnessed the hacking incident, he contends that the eyewitness is not worthy of belief. We are not persuaded.chanroblesvirtualawlibrarychanrobles virtual law library

Bonifacio explicitly stated that he was fifteen meters from the incident. He testified:

Q: How far were you from the alleged incident that you saw?chanrobles virtual law library

A: More or less, fifteen (15) meters.chanroblesvirtualawlibrarychanrobles virtual law library

Q: What was the position of the victim and the assailant as far as you were concerned?chanrobles virtual law library

A: They were fronting me.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Who was facing you?chanrobles virtual law library

A: The assailant, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q: And when you arrived at the seashore was that the time he started hacking?chanrobles virtual law library

A: I do not know if it was the start when I reached the shore. But that was the scene I saw.

(TSN, March 16, 1990, pp. 24-25)

Bonifacio never claimed he was 100 meters from the hacking incident. The distance of 100 meters alluded to by Bonifacio had reference to the distance between the hacking incident, which was along the beach, and the house of Maximino Bual. Thus, on cross-examination, Bonifacio said:chanrobles virtual law library

ATTY. CANDOLEA:

Q: And where did you see the incident?chanrobles virtual law library

A: At the seashore on my right.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Are you very sure the incident happened on the seashore?chanrobles virtual law library

A: Yes, sir, along the beach.chanroblesvirtualawlibrarychanrobles virtual law library

Q: Was it far from the house of Maximino Bual?chanrobles virtual law library

A: The distance is, I think, one hundred meters.chanroblesvirtualawlibrarychanrobles virtual law library

Q: You mean the distance of the incident which you saw and the house of Maximino Bual is 100 meters?chanrobles virtual law library

A: Yes, sir.

(TSN, March 16, 1990, pp. 18-19).

To be sure, Bonifacio recognized Domingo Bongadillo as the assailant. He knew the assailant even prior to the hacking incident. As borne by the records, the eyewitness, despite his age, had satisfactorily demonstrated before the trial judge, that he could clearly see from a distance of twenty meters. He testified:chanrobles virtual law library

ATTY. CANDOLEA:

Q: We can see whether he can recognize the accused at a distance of 20 meters. It is for common knowledge that the eyesight of a person deteriorates as he reaches the age of 70.

FISCAL BOCALBOS:

Q: It is already for the Court to appreciate. (At this juncture, the defense counsel saw a lineman fixing a light on an electric post and requested the witness to identify the color of the man's pants and also if he has a wristwatch or not for which the witness clearly identified at a distance of, more or less, twenty (20) meters from the courtroom that the lineman was wearing blue pants and wristwatch. And that cleared the doubt that the witness who is 70 years of age has a deteriorating eyesight).

(TSN, March 16, 1990, pp. 30-31).

Accused-appellant tried to destroy the credibility of the prosecution witnesses, citing inconsistencies on their testimonies apropos the place where the victim was hacked, as testified to by Bonifacio, and the place where the victim was later found by witnesses Asuncion Bual and Dominga Bustamante.chanroblesvirtualawlibrarychanrobles virtual law library

The cited inconsistencies in the answers of the prosecution witnesses, specifically, as to the location of the victim, as seen by the eyewitness Bonifacio, on the one hand, and the place where the victim was found by Dominga and Asuncion Bual, on the other hand, do not destroy the witnesses' credibility but even enhance their truthfulness as they erase any suspicion of a rehearsed testimony. ¹¹What tilts the balance against the accused-appellant is the fact that Bonifacio had seen him in the act of hacking the victim to death. It is settled that findings of the trial court pertaining to the credibility of witnesses deserve great respect since it had the opportunity to examine their demeanor as they testify on the witness stand, and therefore, it could discern if such witnesses were telling the truth or not. ¹²chanrobles virtual law library

We note, further, that the hacking incident occurred at around seven o'clock in the morning. It is a rule that: "Where conditions of visibility are favorable, and the witness does not appear to be biased, his assertion as to the identity of the malefactor should be normally accepted." ¹³chanrobles virtual law library

Accused-appellant assails the failure of Bonifacio to immediately inform the police authorities, or at the very least, Asuncion Bual, of the hacking incident. He contends that the indifference displayed by said witness was contrary to human nature. We disagree.chanroblesvirtualawlibrarychanrobles virtual law library

The initial reluctance of a witness to volunteer information about a criminal case is common and has been recognized as not affecting the credibility of a witness. ¹⁴chanrobles virtual law library

The accused-appellant anchors his defense on denial and alibi. The defense of alibi cannot prevail over the positive identification of the accused by an eyewitness who had no improper motive to falsely testify. ¹⁵In the case at bench, there was no evidence indicating that Bonifacio Bongat was moved by improper motive to falsely testify against Domingo. His testimony should, therefore, be given full faith and credence. ¹⁶chanrobles virtual law library

We have examined the evidence of accused-appellant. He claims he was not slighted by the illicit affair between his girlfriend and the victim. We find it preposterous that, after he had learned of the said affair, accused-appellant would just take it lightly, particularly, in this case, since the victim was the second husband of Domingo's stepmother. Quite obviously, accused-appellant is trying to convince this Court that he had no motive to kill the victim. The effort is futile for motive is essential only when there is doubt as to the identity of the assailants, but not when the accused had been positively identified. ¹⁷chanrobles virtual law library

Accused-appellant's uncorroborated allegation, that his hands were badly injured prior to the hacking incident, was unsubstantiated. Other than his say so, there was no medical record or evidence presented to prove that, assuming he did injure his hands, the injury was so severe that it would be impossible for him to hack the victim to death. His story is of doubtful veracity and cannot overcome the positive declaration of the eyewitness pointing to him as the killer.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court found that the killing was attended by two (2) aggravating circumstances, viz: evident premeditation and abuse of superior strength.chanroblesvirtualawlibrarychanrobles virtual law library

Before evident premeditation can be appreciated against the accused, these requisites must first be established: (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that the offender had clung to his determination; and (3) the sufficient lapse of time between the determination to commit the crime and the execution thereof, to allow the offender to reflect upon the consequences of his act. ¹⁸chanrobles virtual law library

We agree that the killing of Maximino Bual was attended by evident premeditation as shown by these circumstances:chanrobles virtual law library

On May 28, 1989, accused-appellant was personally notified by Maximino Bual of his intention to take with him the former's live-in girlfriend to Cabasan. Three (3) days later, accused-appellant asked Dominga Bustamante about the illicit affair between his girlfriend and Maximino. He revealed he would not stop until he had killed Maximino. His anger still unspent, accused-appellant went to the residence of Maximino. On May 31, 1989, Domingo brandished his bolo and warned Maximino that he would kill him. Finally, on June 1, 1989, accused-appellant was seen hacking Maximino with his bolo.chanroblesvirtualawlibrarychanrobles virtual law library

We agree with the trial court ruling that the killing was attended by abuse of superior strength. "The circumstance of abuse of superior strength depends on the age, size and strength of the parties. It is considered whenever there is a notorious inequality of forces between the victim and the aggressor, assessing a superiority of strength notoriously advantageous for the aggressor which is selected or taken advantage of (by) him in the commission of the crime." ¹⁹As found by the trial court, accused-appellant was a young, robust and healthy thirty-three (33) year-old man, whereas, the victim was a sixty-three (63) year-old man. The wide age gap between the victim and the assailant who was armed with a bolo supports the finding of the trial court that there was an abuse of superior strength in the commission of the offense.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, premises considered, we AFFIRM the trial court decision, finding DOMINGO BONGADILLO y SHARON guilty beyond reasonable doubt of MURDER, and sentencing him to reclusion perpetua. In line with the prevailing jurisprudence, the civil indemnity is increased from thirty thousand pesos (P30,000.00) to fifty thousand pesos (P50,000.00). ²⁰Costs against accused-appellant.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Narvasa, C.J., Padilla, Regalado and Mendoza, JJ, concur.

1 Presided by Judge Milagros J.B. Marcaida.chanroblesvirtualawlibrarychanrobles virtual law library

2 See Original Records, p. 19.chanroblesvirtualawlibrarychanrobles virtual law library

3 His nephew's house was situated some 200 meters from the beach where paddled boats await those who wish to leave the island of San Miguel.chanroblesvirtualawlibrarychanrobles virtual law library

4 TSN, March 16, 1990, pp. 18, 24-25.chanroblesvirtualawlibrarychanrobles virtual law library

5 See Exhibit "A"; Original records, p. 3.chanroblesvirtualawlibrarychanrobles virtual law library

6 Marked as Exhibit "A."chanrobles virtual law library

7 TSN, February 5, 1990, pp. 14-15.chanroblesvirtualawlibrarychanrobles virtual law library

8 TSN, February 5, 1990, pp. 6-8.chanroblesvirtualawlibrarychanrobles virtual law library

9 Exhibit "C"; Original records, p. 5.chanroblesvirtualawlibrarychanrobles virtual law library

10 Decision, dated November 27, 1990; Original Records, p. 82.chanroblesvirtualawlibrarychanrobles virtual law library

11 People vs. Mauyao, G.R. No. 84525, April 6, 1992, 207 SCRA 732, 738.chanroblesvirtualawlibrarychanrobles virtual law library

12 People vs. De Guzman, G.R. No. 102409-10, December 21, 1992, 216 SCRA 754, 759-770.chanroblesvirtualawlibrarychanrobles virtual law library

13 People vs. Jacolo, G.R. No. 94470, December 16, 1992, 216 SCRA 631.chanroblesvirtualawlibrarychanrobles virtual law library

14 People vs. Hubido, G.R. No. 101741, March 23, 1993, 220 SCRA 389.chanroblesvirtualawlibrarychanrobles virtual law library

15 People vs. Pomental, G.R. No. 87781, December 11, 1992, 216 SCRA 375.chanroblesvirtualawlibrarychanrobles virtual law library

16 People vs. Navaja, G.R. No. 104044, March 30, 1993, 220 SCRA 624; People vs. Dagdagan, G.R. No. 100332, March 22, 1993, 220 SCRA 308 citing People vs. Patog, 144 SCRA 429 (1991).chanroblesvirtualawlibrarychanrobles virtual law library

17 People vs. Amondina, G.R. No. 75295, March 17, 1993, 220 SCRA 6.chanroblesvirtualawlibrarychanrobles virtual law library

18 People vs. Castor, G.R. No. 93664, December 11, 1992, 216 SCRA 410.chanroblesvirtualawlibrarychanrobles virtual law library

19 People vs. Jimenez, Jr., G.R. No. 84276, February 13, 1992, 206 SCRA 214.chanroblesvirtualawlibrarychanrobles virtual law library

20 People vs. Jumamoy, G.R. No. 101584, April 7, 1993, 221 SCRA 333.