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THIRD DIVISION

G.R. No. Nos. 112070-71 June 29, 1995

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SIXTO VIÑAS, SR., SIXTO VIÑAS, JR., JESSIE VIÑAS, MATIAS CERENO, JUNIOR FAVIO alias "LAMPONG", and JOHN DOES, Accused.

SIXTO VIÑAS, Accused-Appellant.chanrobles virtual law library

VITUG, J.:

This appeal was interposed from the decision, dated 22 April 1993, of the Regional Trial Court ("RTC") of Pili, Camarines Sur, finding accused-appellant Sixto Viñas guilty of murder (Criminal Case No. P-1646) and frustrated murder (Criminal Case No. P-1685) under two amended informations that read:chanrobles virtual law library

(1) Criminal Case No. P-1646:

The undersigned Assistant Provincial Fiscal of Camarines Sur accuses SIXTO VIÑAS, SR., SIXTO VIÑAS, JR., JESSIE VIÑAS, MATIAS CERENO, JR. alias "JUNIOR CERENO", JUNIOR FAVIO alias "LAMPONG" and other persons whose identities are not yet known and who are herein designated as John Does, of the crime of MURDER defined and punished under Article 248 of the Revised Penal Code, committed as follows:

That on or about the 16th day of August, 1985 in Barangay San Isidro, Municipality of Bula, Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, constituting themselves as a band, they being all armed with guns of various calibers and with Matias Cereno, Jr. alias "Junior Cereno" armed with a sharp bladed weapon, conspiring, and confederating together and mutually helping one another, with intent to kill and with treachery, the accused having consciously adopted a mode of attack without risk to themselves arising from the defense that the victim might make, that is by attacking the victim suddenly and while riding a motorcycle, did then and there wilfully, unlawfully and feloniously attack, assault and shoot for several times with their firearms one BARANGAY CAPTAIN PABLO ALMAZAN, the aforesaid victim, and thereafter stabbed and cut with a bladed weapon the latter's face, neck, chin and chest, thereby inflicting several mortal gunshot wounds and incised wounds on the different vital parts of the body of said Barangay Captain Pablo Almazan which caused his instantaneous death.chanroblesvirtualawlibrarychanrobles virtual law library

ACTS CONTRARY TO LAW. ¹

(2) Criminal Case No. P-1685:

The undersigned Assistant Provincial Fiscal of Camarines Sur accuses SIXTO VIÑAS, SR., SIXTO VIÑAS, JR., JESSIE VIÑAS, MATIAS CERENO, Jr. alias "JUNIOR CERENO", JUNIOR FAVIO alias "LAMPONG" and ANTONIO VILLA ISRAEL of the crime of FRUSTRATED MURDER defined and punished under Article 248 in connection with Articles 6 and 50 of the Revised Penal Code, committed as follows:

That on or about the 16th day of August, 1985 in Barangay San Isidro, Municipality of Bula, Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused consisting themselves as a band, they being all armed with guns of various calibers and with Matias Cereno, Jr. alias Junior Cereno armed with a sharp bladed weapon, conspiring and confederating together and mutually helping one another, with intent to kill and with treachery, did then and there wilfully, unlawfully and feloniously attack, assault and shot with their guns one Justiniano Almazan, Jr. which would have caused his death, the accused thus performed all the acts of execution of the crime of Murder, and if the accused did not accomplish their purpose it was by reason of causes independent of the will of the perpetrators, that is by the timely medical assistance rendered to the victim which prevented his death.chanroblesvirtualawlibrarychanrobles virtual law library

ACTS CONTRARY TO LAW. ²

The factual findings of the trial court might be narrated thusly:chanrobles virtual law library

On 16 August 1985, at about four o'clock in the afternoon, San Agustin Chief of the Tanod Brigade Justiniano Almazan, Jr., and his brother, San Agustin Barangay Captain Pablo Almazan, were cruising on board a motorcycle along San Isidro, Bula, Camarines Sur, when they were suddenly fired upon by a group of six armed men that sent the motorcycle crashing down the road. Justiniano and Pablo were hit, Justiniano at his lower left thigh and Pablo at his back and legs. Pablo urged his brother, Justiniano, to escape while he (Pablo) began exchanging shots with their assailants.chanroblesvirtualawlibrarychanrobles virtual law library

Seeing Pablo in a disabled condition, now with four gunshot wounds, accused-appellant Viñas and another member of the armed group advanced towards Pablo and, closing in, delivered stab wounds on his chest, neck and face. Pablo died on the spot. The assailants thereupon noticed the presence of Cipriano Prestado who was across the road not distant away from where the motorcycle fell. Viñas approached and warned Prestado against reporting the killing to the authorities or else "be next in the liquidation list."chanrobles virtual law library

Jose Almazan, Pablo's son, also witnessed the exchange of gun fire. He rushed home to get his father's carbine rifle. When he returned to the scene, the assailants had already begun to retreat. Jose then saw the lifeless body of his father.chanroblesvirtualawlibrarychanrobles virtual law library

Justiniano was able to get help from the military in Panoypoyan, Bula, Camarines Sur. It was too late; the gunmen were already gone by the time the soldiers arrived. Prestado was asked to give a statement but the latter, out of fear, did not identify the assailants. Prestado left for Manila shortly after the incident; however, upon learning that Viñas was in the custody of the authorities, he decided to return to Bula to testify.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court did not heed the defense of alibi proffered by accused-appellant who maintained that, at the time of the commission of the crime, he was working at a vulcanizing shop in Camp Crame, Quezon City, where he and his wife resided until some time in 1989 when the couple returned to Camarines Sur.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court adjudged:

IN VIEW OF THE FOREGOING CONSIDERATIONS, the Court renders judgment:chanrobles virtual law library

1. In Criminal Case No. P-1646, finding the accused Sixto Viñas, aka Sixto Viñas, Sr., guilty beyond reasonable doubt, of the crime of Murder, as defined and penalized under Art. 248, RPC, qualified by treachery, with the attending aggravating circumstances of having been committed by a band, and hereby sentencing him to suffer imprisonment of Reclusion Perpetua, with all the accessories of the law; to indemnify the heirs of Pablo Almazan the sum of P50,000.00 for the fact of death of the victim, and P50,000.00 moral damages to Irene Almazan; andchanrobles virtual law library

2. In Crim. Case No. P-1685, finding the accused Sixto Viñas, aka Sixto Viñas, Sr., guilty, beyond reasonable doubt, of the crime of Attempted Murder, as defined and penalized by Art. 248, in relation to Art. 6, par. 4, of the Revised Penal Code, with the qualifying circumstance of treachery, and the aggravating circumstance of having been committed by a band, and applying the indeterminate Sentence Law, hereby sentences him to suffer imprisonment ranging from 4 years and 2 months of prision correccional, as minimum, to 8 years and 21 days of prision mayor, as maximum, with all the accessories of the law.chanroblesvirtualawlibrarychanrobles virtual law library

The accused is credited in full for his preventive detention.

SO ORDERED. ³

In this appeal, Viñas asseverates that:

I. THE COURT A QUO GRAVELY ERRED IN GIVING CREDENCE TO THE TESTIMONY OF CIPRIANO PRESTADO, JOSE ALMAZAN AND JUSTINIANO ALMAZAN, JR.chanroblesvirtualawlibrarychanrobles virtual law library

II. THE COURT A QUO GRAVELY ERRED IN FAULTING SIXTO VIÑAS FOR HIS FAILURE TO DENY CIPRIANO PRESTADO'S ALLEGATION AGAINST HIM.chanroblesvirtualawlibrarychanrobles virtual law library

III. THE COURT A QUO GRAVELY ERRED IN HOLDING THAT SIXTO VIÑAS FAILED TO EXPLAIN HIS ABSENCE FROM HIS RESIDENCE FOR FOUR (4) YEARS.chanroblesvirtualawlibrarychanrobles virtual law library

IV. THE COURT A QUO GRAVELY ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCE OF TREACHERY AND OF HOLDING THAT THE CRIME WAS COMMITTED BY A BAND.chanroblesvirtualawlibrarychanrobles virtual law library

V. THE COURT A QUO GRAVELY ERRED IN CONVICTING SIXTO VIÑAS OF THE CRIMES CHARGED.

Well-settled is the rule that where the culpability or innocence of an accused hinges on the issue of credibility of witnesses, as well as the veracity of their testimonies, the assessment made by the trial court thereover is entitled to a great degree of respect and, absent strong reasons to the contrary, will not be disturbed by the appellate tribunal. ⁴ The reason is obvious. A trial court gets an opportunity, that is not equally open to an appellate court, to observe the expression of witnesses on the stand and their demeanor under questioning which matters make up the most significant factors in evaluating their sincerity. ⁵ There is no justification in this instance for us to deviate from the rule.chanroblesvirtualawlibrarychanrobles virtual law library

While the prosecution witnesses might not have been certain on the identity of some of the assailants, they, nevertheless, were unequivocal on the participation of accused-appellant in the commission of the crime. Justiniano Almazan, Jr., positively identified Viñas; thus:

Q You said that you were fired upon by a group of armed men, how many persons were they?chanrobles virtual law library

A Six (6) persons.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you recognize those armed men who fired upon you?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were they? Name them.chanroblesvirtualawlibrarychanrobles virtual law library

A Sixto Viñas, Sr., Jessie Viñas, Sixto Viñas, Jr., a person named alyas Lampong and one Cereno, Jr. ⁶

On cross-examination, he reiterated:

Q Now, when you saw the six at one time, you already knew them, you recognized them already?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And they were the persons you named on direct examination by Prosecutor Valencia?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now, you are sure of that?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q You mean, all the six were in a form of a line, single file?"chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who was the person, if you were facing the six, who was the person in the last most on the left?chanrobles virtual law library

A Sixto Viñas, Sr.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who was next to him?chanrobles virtual law library

A I cannot remember it anymore who was next to Sixto Viñas Sr.chanroblesvirtualawlibrarychanrobles virtual law library

Q Although you could not tell the Honorable Court how they were positioned, you are sure that all the six persons you named were the persons who were there?chanrobles virtual law library

A Yes sir. ⁷

Prosecution witness Cipriano Prestado, in his testimony, clearly recalled:

Q How far were you at that particular moment from Pablo Almazan who was being stabbed and shot at by the group?chanrobles virtual law library

A More or less 10 meters because I was only on the other side of the road.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know anybody from the group which fired at and stabbed Almazan?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And who was that among the group whom you recognized?chanrobles virtual law library

A I recognized Sixto Viñas.

xxx xxx xxx

Q So Mr. witness, did the military request you to make a statement in connection with this case?chanrobles virtual law library

A I was asked to execute an affidavit about the incident but I refused to execute the affidavit because I was afraid.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why are you afraid?chanrobles virtual law library

A After the shooting incident, the group went to me and I was warned not to talk about the incident because the person who told me knew I recognized him and he warned me that I will be the next to be liquidated if I reveal who shot at Almazan.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was this person who talked to you, among the group?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know the name of that person?chanrobles virtual law library

A Sixto Viñas.chanroblesvirtualawlibrarychanrobles virtual law library

INTERPRETER: Witness pointing to the accused who responded to the name Sixto Viñas.chanroblesvirtualawlibrarychanrobles virtual law library

Q During that time that the accused Sixto Viñas talked to you, you recognized him as Sixto Viñas, is that correct?chanrobles virtual law library

A At the time Sixto Viñas warned me not to reveal who shot Pablo Almazan, I already knew him as Sixto Viñas. ⁸chanrobles virtual law library

On further questioning, Prestado insisted:

Q You have seen Mr. witness who stabbed the victim Pablo Almazan?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who?chanrobles virtual law library

A Two persons were stabbing Pablo Almazan; one of them was Sixto Viñas, the other one I did not recognize.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who fired at Pablo Almazan?chanrobles virtual law library

A Sixto Viñas was among those who fired and after firing from a far when Pablo Almazan was already in the ditch, they shot him again and after that two of them approached him and stabbed Pablo Almazan, one of which was Sixto Viñas. ⁹

Moreover, Prestado was able to make a detailed narration of what transpired, a matter which the court could not have failed to consider.

Q Indicate in this sketch where the ricemill is?chanrobles virtual law library

INTERPRETER: Witness drawing a figure.chanroblesvirtualawlibrarychanrobles virtual law library

COURT: One figure perpendicular to the road and another figure mark it as exh. B-1, exh. B-2 the ricemill and A-3 is the house of Francisco Jardinel and exh. B-4 is the road. In this sketch exh. B, where is the canal you are referring to?chanrobles virtual law library

INTERPRETER: Witness indicating the parallel line above exh. B-4 to be the canal.chanroblesvirtualawlibrarychanrobles virtual law library

Q Will you indicate in this exh. B where you were when you heard the shots for the first time?chanrobles virtual law library

A I was at the gate of exh. B-1 which is exh. B-5.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you heard the shots, what did you do?chanrobles virtual law library

A I glanced.chanroblesvirtualawlibrarychanrobles virtual law library

Q Indicate in this exh. B-4 the road going to the direction of Sto. Domingo, Bula?chanrobles virtual law library

COURT: The arrow indicating to Sto. Domingo as exh. B-6.chanroblesvirtualawlibrarychanrobles virtual law library

COURT: Indicate to the court the direction going to San Ramon?chanrobles virtual law library

INTERPRETER: Witness indicating in this sketch the direction going to San Ramon.chanroblesvirtualawlibrarychanrobles virtual law library

COURT: Mark it as exh. B-7.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you glanced as you said, to what direction were you looking, to the direction of San Ramon or Sto. Domingo?chanrobles virtual law library

A I glanced at the direction of San Ramon.chanroblesvirtualawlibrarychanrobles virtual law library

Q Indicate in this sketch where the motorcycle fell?chanrobles virtual law library

INTERPRETER: Witness indicating an "X".chanroblesvirtualawlibrarychanrobles virtual law library

COURT: Now, to which direction in the sketch did Pablo Almazan flee? Make a broken line from "X" to the ditch or mark it as
exh. B-8.chanroblesvirtualawlibrarychanrobles virtual law library

Q How about Justiniano Almazan, Jr., to which direction did he flee?chanrobles virtual law library

A Justiniano Almazan fled to the other side of the canal.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you first saw the two persons being shot at who were on the motorcycle, indicate in this sketch the person shooting them, where they were situated?chanrobles virtual law library

A The persons shooting the motorcycle riders were in this place indicated by Y & Z.chanroblesvirtualawlibrarychanrobles virtual law library

Q How many persons were in group in place "Y"?chanrobles virtual law library

A I cannot see how many.chanroblesvirtualawlibrarychanrobles virtual law library

Q But definitely more than one?chanrobles virtual law library

A More than one.chanroblesvirtualawlibrarychanrobles virtual law library

Q How about in this place, there were many people at points Y and Z?chanrobles virtual law library

A There were many persons.chanroblesvirtualawlibrarychanrobles virtual law library

Q Tell this court where these persons in site Y & Z shooting at the motorcycle riders?chanrobles virtual law library

A Only the persons in point Z were shooting.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now, tell me where Sixto Viñas was at the time you saw him shooting Pablo Almazan in point Z or Y?chanrobles virtual law library

A Sixto Viñas was among the group in point Z.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now, after the motorcycle fell at point "X" and Pablo Almazan hid at point exh. "B-8", where was Sixto Viñas?chanrobles virtual law library

A When Pablo Almazan was fleeing along the irrigation canal, the persons at group Z were also accosting him, shooting and hitting him.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you mean to tell this court that Sixto Viñas was pursuing Almazan while fleeing?chanrobles virtual law library

A Yes sir because at point opposite exh. B was the place where Pablo Almazan died.chanroblesvirtualawlibrarychanrobles virtual law library

COURT: Mark it as exh. "B-9".chanroblesvirtualawlibrarychanrobles virtual law library

Q Where were you when Pablo Almazan died in place exh. B-9?chanrobles virtual law library

A I was near the gate in exh. B-5 holding on to a palomaria tree.chanroblesvirtualawlibrarychanrobles virtual law library

Q Indicate in this sketch where Pablo Almazan was stabbed?chanrobles virtual law library

INTERPRETER: Witness indicating in exh. B-9.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said Sixto Viñas approached you and after the shooting and stabbing incident, where did he come from when he approached you?chanrobles virtual law library

A Sixto Viñas left the place indicated as exh. "B-9" and approached me from my position while I was standing by exh. "B-5".chanroblesvirtualawlibrarychanrobles virtual law library

Q Is it not a fact that you were holding your sack of palay when you were holding the palomaria tree?chanrobles virtual law library

A No sir, at the time they were stabbing Pablo Almazan, I already unloaded the palay along the gate.chanroblesvirtualawlibrarychanrobles virtual law library

Q How soon did the army reach you in exh. "B-1" after the shooting?chanrobles virtual law library

A I cannot determine but it did not take long.chanroblesvirtualawlibrarychanrobles virtual law library

Q After Almazan was killed, where was it taken, do you know?chanrobles virtual law library

A Almazan was loaded on a vehicle.chanroblesvirtualawlibrarychanrobles virtual law library

Q On direct examination by Prosecutor Soriano, you were asked where you were on August 16, 1985 between 3:00 to 4:00 in the afternoon and you told him you were at the ricemill in San Isidro, Bula, Camarines Sur, do you remember that?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q You were asked if any unusual incident happened and you said that unusual incident according to you was the shooting incident of Pablo Almazan, do you remember that?chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Can you now tell this court when was that when Pablo Almazan was shot and stabbed?chanrobles virtual law library

A I still could not tell the month and date when Pablo Almazan was killed.chanroblesvirtualawlibrarychanrobles virtual law library

Q But can you definitely tell where Pablo Almazan was killed?chanrobles virtual law library

A Just in front of the ricemill of Jardinel.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was it not that it was Ka Ferdie who warned you not to talk about the shooting incident?chanrobles virtual law library

A It was Sixto Viñas who warned me. ¹⁰

Certainly, the trial court could not be faulted for not considering accused-appellant's alibi. Besides being basically a weak defense, alibi would have to yield to the positive identification made by the prosecution witnesses. ¹¹

Accused-appellant raises a number of other points. He avers that if Prestado did, indeed, witness the shooting he would have promptly gone into and remained in hiding "for self-preservation." Ordinarily perhaps but not necessarily, for there is no standard human behavioral response we know when one is confronted with a strange, startling or frightful experience. ¹² The actions and reactions of a man are not always stereotype. ¹³ So, also, Prestado's failure when initially asked to disclose to the authorities the identities of the assailants is not strange. The natural reluctance of a witness to get involved in a criminal case, as well as to give information to the authorities, is a matter of judicial notice. ¹⁴ Fear of reprisal can well explain the temporary silence of witnesses. ¹⁵

The court a quo did not err in appreciating against accused-appellant the aggravating circumstance of treachery. There is treachery when the offender commits any of the crimes against person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. ¹⁶ The established facts clearly would reveal that the attack made on Pablo and Justiniano was planned and consciously adopted in order to surprise and make it hard for the victims to defend themselves.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court likewise rightly held that the criminal act was committed by a band. Article 14, paragraph 6, of the Revised Penal Code would so consider the crime to have been committed by a band whenever more than three armed malefactors would have so acted together in its commission. ¹⁷

WHEREFORE, the decision, dated 22 April 1993, of the Regional Trial Court, Branch 32, Pili, Camarines Sur, is AFFIRMED in toto. Costs against accused-appellant.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Feliciano, Romero, Melo and Francisco, JJ., concur.

1 Rollo, pp. 28-29.chanrobles virtual law library

2 Rollo, pp. 29-30.chanrobles virtual law library

3 Rollo, pp. 32-33.chanrobles virtual law library

4 People vs. Manuel, 234 SCRA 532; People vs. Miranda, 235 SCRA 202.chanrobles virtual law library

5 People vs. Manuel, supra; People vs. Divina, 221 SCRA 209.chanrobles virtual law library

6 TSN, 22 November 1990, pp. 4-5.chanrobles virtual law library

7 Ibid, pp. 11-12.chanrobles virtual law library

8 TSN, 24 April 1991, pp. 5, 9-10.chanrobles virtual law library

9 Ibid, p. 11.chanrobles virtual law library

10 Ibid, pp. 17-21.chanrobles virtual law library

11 See People vs. Dominguez, 217 SCRA 170; People vs. De la Cruz, 217 SCRA 283; People vs. Magallanes, 218 SCRA 109.chanrobles virtual law library

12 See People vs. Flores, 217 SCRA 613.chanrobles virtual law library

13 See People vs. Salazar, 221 SCRA 170.chanrobles virtual law library

14 People vs. Dominguez, supra; People vs. Viente, 225 SCRA 361.chanrobles virtual law library

15 People vs. Dulay, 217 SCRA 103.chanrobles virtual law library

16 Article 14, paragraph 16, Revised Penal Code.chanrobles virtual law library

17 TSN, 22 November 1990, pp. 9-10.