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PeoplevsUnlagada:141080:September17,2002:J.Bellosillo:SecondDivision

SECONDDIVISION

[G.R.No.141080.September17,2002]

PEOPLEOFTHEPHILIPPINES,plaintiffappellee,vs.ANECITO UNLAGADA
ySUANQUEa.k.a."Lapad,"accusedappellant.
DECISION
BELLOSILLO,J.:

ForthemurderoftwentyfouryearoldDaniloLaurel,ANECITOUNLAGADAySUANQUE
alias"Lapad" was charged and subsequently convicted by the court a quo and sentenced to
reclusionperpetuaandorderedtopaytheheirsofthevictimP100,000.00asmoraldamages,
P50,000.00astemperatedamages,andanotherP50,000.00asexemplarydamages.[1]
On 27 January 1989 at around 9:00 o'clock in the evening Danilo Laurel left his house
together with Edwin Selda, a visitor from Bacolod City, to attend a public dance at Rizal St.,
Magasawang Taytay, Hinigaran, Negros Occidental. Two (2) hours later, or around 11:00
o'clockthatevening,DaniloaskedEdwintotakeashortbreakfromdancingtoattendtotheir
personal necessities outside the dance hall. Once outside, they decided to have a drink and
boughttwo(2)bottlesofGoldEaglebeeratanearbystore.
Notlongafter,Danilo,halfwayonhisfirstbottle,lefttolookforaplacetorelievehimself.
AccordingtoEdwin,hewasonlyaboutthree(3)metersfromDanilowhowasrelievinghimself
whenashort,darkbeardedmanwalkedpasthim,approachedDaniloandstabbedhimatthe
side. Danilo retaliated by striking his assailant with a halffilled bottle of beer. Almost
simultaneously,agroupofmennumberingaboutseven(7),gangeduponDaniloandhithim
with assorted weapons, i.e., bamboo poles, stones and pieces of wood. Edwin, who was
petrified, could only watch helplessly as Danilo was being mauled and overpowered by his
assailants.Danilofelltothegroundanddiedbeforehecouldbegivenanymedicalassistance.
Edwin Selda testified that on 29 January 1989 the police invited him to the Municipal
Building of Hinigaran to give his statement regarding the killing incident and, if necessary, to
confirm the identity of the suspect who was then in their custody. Thereat, he executed an
affidavitandaffirmedbeforethepoliceauthoritiesthatthemanunderdetention,whomhelater
identifiedasaccusedAnecitoUnlagada,wasthesamemanwhostabbedhisfriendDanilo.
Dr.ReneOrtigas,surgicalresidentoftheCorazonLocsinMontelibanoMemorial Hospital,
testified that the postmortem examination showed that the victim sustained the following
injuries: (a) an 8 cm. stab wound, 2nd intercostal space AAL right directed anteriorly, non
penetrating (b) an 8 cm. stab wound, 4th intercostal MAL, directed posteromedially, non
penetrating (c) an 8 cm. stab wound, 6th intercostal space, midclavicular line, directed
posterocaudially,penetratingdiaphragmandrightdomeoflivercausingmassivehemorrhage,
sequesteredatrighthemithoraxandabdomen(d)an8cm.stabwound,6thintercostalspace,
midclavicular line left, directed posterolaterally, nonpenetrating (e) an 8 cm. lacerated
wound, anterolateral aspect right thigh (f) a multiple contusion hematoma, posteromedial
aspectleftelbowand,(g)amultilinearabrasion,zygomaticarealeftface.Dr. Ortigas opined
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that wound No. 3 proved to be the only fatal injury which lacerated the diaphragm and right
domeoftheliverresultinginmassivehemorrhage.
Thedefensepresentedadifferentpictureofthestory.GuglielmoLaureltestifiedthatonthe
eveningof27January1989hewasatthedancehallwhenhemetaccusedAnecitoUnlagada.
Hewasallbyhimself.Onthesameoccasion,accordingtoGuglielmohealsometDaniloLaurel
andthree(3)othercompanionsalthoughonlyEdwinSeldawasintroducedtohim.Soonafter,
Danilo and his friends left the dance hall to drink liquor. An hour or so later, Danilo's group
returned to the dance hall. An altercation ensued when the gatekeeper refused them entry
without a gate pass. From his vantage point of about forty (40) meters away, Guglielmo
observedthatarumbleerupted.Fromadistance,hesawaman,whomhelaterrecognizedas
DaniloLaurel,falltotheground.HehoweverbeliedhavingseentheaccusedAnecitoUnlagada
anywhere near the scene of the crime. By his account, the melee broke up only when a
policemanfiredawarningshotintheairandtheprotagonistsscamperedaway.
On crossexamination, however, Guglielmo Laurel asserted positively that accused
Unlagadawasinsidethedancehallbefore,duringandaftertherumble,andstayedthereeven
afterapolicemanfiredawarningshot.ThistestimonyofwitnessGuglielmowascorroborated
bydefensewitnessesJaimeUmbigaandMarianoSalazar.
PO3JomarieSarrosanarratedthatataround11:30intheeveningof27January1989he
wasinsidehishouseentertainingsomevisitorswhensuddenlyheheardfranticshouts,"fight,
fight!"Answering the call of duty, he took his service pistol, went outside and fired a warning
shotintheairtobreakupthefightthatwasgoingonsomefifty(50)metersaway.Instinctively,
the protagonists broke up and scampered away. When he went near the place of the
disturbance, he noticed a man with a deformed hand sprawled on the ground. He however
clarifiedthathedescribedtheplaceasdarkbecausetherewerenostreetlights.
PO3Sarrosaliftedtheprostratebodyofthevictimandaskedabarangaytanodtostaywith
thevictimashewouldcallatricycletoseekemergencymedicalassistance.Accordingtohim,
he caused the incident to be entered into the police blotter while Pfc. Tady and Cpl. Taal
investigatedthekillingincident.Theinvestigatorsinformedhimthefollowingmorningthatthey
alreadyhadasuspectbythenameof"Lapad."Hevolunteeredtolookforthesuspectsincehe
knewhim.
AccusedAnecitoUnlagadatestifyinginhisdefense,recountedthatataround10:00o'clock
ineveningof27January1989whilehewasinsidethedancehall,analtercationensuednear
the gate between the gatekeeper and a group of four (4) individuals who, despite their
disruptivebehavior,wereeventuallyallowedtogetthroughthegate.Ataround11:00o'clock,a
gunshotsuddenlyrangout.Fromthepeoplearoundhelearnedthatarumblehadtakenplace
and that somebody was killed. But he came to learn the victim's identity only the following
morningwhenheandacertainLorenzoPatoswerebroughtbyapoliceofficertotheMunicipal
Building for questioning. At the Municipal Building, he heard somebody asking who "Lapad"
wasandanallegedeyewitness,wholaterturnedouttobeEdwinSelda,pointedtohimasthe
man referred to by that name. Anecito Unlagada and Lorenzo Patos were put in jail and a
complaintwasfiledagainstthembeforetheMunicipalTrialCourtofHinigaran.Meanwhilethe
caseagainstLorenzowasdismissedleavingAnicetoalonetofacethechargeofmurder.
ThetrialcourtgavefullcredencetotheinculpatorytestimonyofprosecutionwitnessEdwin
Seldabecausehewasonlythree(3)metersawayfromthevictimwhenthelatterwasstabbed
todeath.Ifitwastrue,accordingtothetrialcourt,thatattheMunicipalBuildingEdwin readily
identifiedthepersonofaccused"Lapad"asthesuspect,itwasnotbyreasonofanyunlawful
suggestion but a spontaneous confirmation of his observation of the perpetrator as vividly
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recalledbyhim.
Thetrial courtdismissedas incredible the alibioftheaccused andthetestimoniesofthe
defense witnesses negating Anecito's culpability. The trial court explained that it was highly
unusual that the defense witnesses had their attention focused on the accused all the time
since they were there to witness and enjoy the dance, characterizing their testimonies as a
mereployconcoctedtoweaveapictureofaninnocentmaninthepersonoftheaccused.[2]
AccusedAnecitoUnlagadanowassailshisconvictiononthegroundthatitwaserrorforthe
trial court to give full faith and credence to the lone and uncorroborated testimony of witness
EdwinSelda,andinfindingthatthecrimeofmurderwascommittedinsteadof"deathcausedin
atumultuousaffray"underArt.251ofTheRevisedPenalCode.
In an attempt to discredit the lone eyewitness, accusedappellant posits the view that the
circumstances of the place, the swiftness of the attack, and the drunken state of the witness
engenderseriousdoubtthatthewitnesspositivelyidentifiedthemalefactor.
At the epicenter of most criminal cases is the issue of credibility of the witnesses. In the
instant case, a thorough review of the records however reveals no plausible reason to
disbelievetheprosecutioneyewitness.Itwillberecalledthatwhenthefatalstabbingoccurred,
Edwinwasonlythree(3)metersawayfromboththevictimandhisattacker,asopposedtothe
defensewitnesseswhowerestandingfifty(50)orsometersaway.Edwin'sphysicalproximity
to the main protagonists and the locus criminis afforded him the unenviable position of
observingtheghastlycrimeatverycloserange.ThetimetheaccusedpassedinfrontofEdwin
andwhenhemercilesslystabbedDanilomaybeafleetingmomentbutsuchwassufficientto
makeavividandlastingimpressionofthebeardedperpetrator'simagespeciallysosincethe
victimwasafriendandacompanion.
Neither can we accommodate accusedappellant's defense of alibi. Basic is the rule that
the defense of alibi should be rejected when the identity of the accused has been sufficiently
and positively established by an eyewitness because alibi cannot prevail over the positive
identification.[3] Since no improper motive has been ascribed to Edwin Selda, it creates the
presumptionthatnosuchmotiveinfactexisted.Intheabsenceofanyevidenceshowingwhy
the prosecution witness would have testified falsely, the logical conclusion is that no such
impropermotiveexistedandthatthetestimonyisworthyoffullfaithandcredit.[4]Thefindings
and conclusions of the trial court on the credibility of the witness being unblemished by
arbitrariness and capriciousness, this Court is bound to accord them great weight and even
finalityonappeal.
But, accusedappellant claims that the lower court erred in convicting him of murder
qualifiedbytreacheryandnot"deathinatumultuousaffray."
"Deathinatumultuousaffray"isdefinedinArt.251ofTheRevisedPenalCodeasfollows:
Art.251.Deathcausedinatumultuousaffray.When,whileseveralpersons,notcomposinggroups
organizedforthecommonpurposeofassaultingandattackingeachotherreciprocally,quarrelandassault
eachotherinaconfusedandtumultuousmanner,andinthecourseoftheaffraysomeoneiskilled,andit
cannotbeascertainedwhoactuallykilledthedeceased,butthepersonorpersonswhoinflictedserious
physicalinjuriescanbeidentified,suchpersonorpersonsshallbepunishedbyprisionmayor.
A tumultuous affray takes place when a quarrel occurs between several persons who
engage in a confused and tumultuous manner, in the course of which a person is killed or
wounded and the author thereof cannot be ascertained.[5] The quarrel in the instant case is
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betweenadistinctgroupofindividuals,oneofwhomwassufficientlyidentifiedastheprincipal
authorofthekilling,asagainstacommon,particularvictim.Itisnot,asthedefensesuggests,a
"tumultuousaffray"withinthemeaningofArt.251ofTheRevisedPenalCode,thatis,amelee
orfreeforall,whereseveralpersonsnotcomprisingdefiniteoridentifiablegroupsattackone
anotherinaconfusedanddisorganizedmanner,resultinginthedeathorinjuryofoneorsome
ofthem.
Verily, the attack was qualified by treachery. The deceased was relieving himself, fully
unawareofanydangertohispersonwhensuddenlytheaccusedwalkedpastwitnessEdwin
Selda,approachedthevictimandstabbedhimattheside.Therewashardlyanyriskatallto
accusedappellant the attack was completely without warning, the victim was caught by
surprise,andgivennochancetoputupanydefense.
ThepenaltyformurderunderArt.248of TheRevisedPenalCodeisreclusiontemporalin
its maximum period to death.Absent any aggravating or mitigating circumstance, the penalty
should be imposed in its medium period which, as correctly imposed by the court a quo, is
reclusionperpetua.
The civil aspect of the case should however be modified in consonance with prevailing
jurisprudence.InadditiontoP50,000.00ascivilindemnity,theheirsofthedecedentareentitled
to a reduced amount of P50,000.00 as moral damages, while temperate damages of
P50,000.00 and exemplary damages of another P50,000.00 should be deleted for lack of
factualandlegalbasis.
WHEREFORE, the Decision appealed from is AFFIRMED with the following
MODIFICATION: Accusedappellant ANECITO UNLAGADA y SUANQUE a.k.a. "Lapad" is
ordered to pay the heirs of the deceased Danilo Laurel P50,000.00 as civil indemnity, plus
moraldamagesinthereducedamountofP50,000.00.Costsagainstaccusedappellant.
SOORDERED.
Mendoza,Quisumbing,AustriaMartinezandCallejo,Sr.,JJ.,concur.
[1]

Decision penned by Judge Jose Y. Aguirre, Jr., Acting Presiding Judge, RTCBr. 56, Himamaylan, Negros
Occidental.
[2]Rollo,p.42.
[3]Peoplev.Ballenas,G.R.No.124299,12April2000,330SCRA519 Peoplev.Rojas,G.R.No.125292,12April

2000,330SCRA540.
[4]Peoplev.ConradoPajaroaliasDadi,G.R.Nos.9302627,17December1996,265SCRA668.
[5]Sisonv.People,G.R.Nos.10828083,16November1995,250SCRA58.

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