G.R. Nos. 82727-28. April 07, 1993
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CESARIO VILLAGRACIA, NESTOR RAGUT AND REY MARO, ACCUSED, CESARIO VILLAGRACIA, ACCUSED-APPELLANT.
NOCON, J.:
This is an appeal from the decision[1] of
the Regional Trial Court, Branch XIX, Bacoor, Cavite, wherein
accused-appellant, Cesario Villagracia y Silvio, together with Apolinario Roquino,
Judito Toston, Angelito Toston, Elpidio Espedilla, Nestor Ragut and Rey Maro, was charged of the crime of
Murder and Frustrated Murder. Two
informations[2] were filed, which read:
1. In Criminal Case No. B-85-226, for Murder:
“The undersigned Assistant Provincial Fiscal accuses CESARIO
VILLAGRACIA Y SILVIO, APOLINARIO ROQUINO Y HEROY @ PAULINO ROQUINO, JUDITO
TOSTON Y MACATO, ANGELITO TOSTON Y MACATO, NESTOR RAGUT, REY MARO AND ELPIDIO
ESPEDILLA of the crime of MURDER, committed as follows:
“That on or about the 16th day of June 1985, in the
Municipality of Bacoor, province of Cavite, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, conspiring,
confederating and mutually helping and aiding each other, did, then and there,
willfully, unlawfully and feloniously with intent to kill, treachery and
evident premeditation, armed with a jungle bolo, bolo, knife, assault, attack,
and stab one Restituto Castillo, hitting him on the different parts of his body
thereby causing his untimely death, to the damage and prejudice of his family.
CONTRARY TO LAW.”
2. In Criminal Case No. B-85-227, for Frustrated Murder:
“The undersigned Assistant Provincial Fiscal accuses CESARIO
VILLAGRACIA Y SILVIO, APOLINARIO ROQUINO Y HEROY @ PAULINO ROQUINO, JUDITO
TOSTON Y MACATO, ANGELITO TOSTON Y MACATO, NESTOR RAGUT, REY MARO AND ELPIDIO
ESPEDILLA of the crime of FRUSTRATED MURDER, committed as follows:
“That on or about the 16th day of June 1985, in the
Municipality of Bacoor, Province of Cavite, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, conspiring,
confederating and mutually helping and aiding one another, did, then and there,
willfully, unlawfully and feloniously, with intent to kill, treachery and
evident premeditation, armed with a jungle bolo, bolo and knife, assault,
attack and stab one Federico Adonis, hitting him on the different parts of his
body, accused having performed all the acts of execution which would produce the crime of Murder as a
consequence but which did not produce it by reason of causes independent of
their will, that is due to the
able and timely medical assistance rendered to him which prevent his death, to the damage and prejudice of said
Federico Adonis.
CONTRARY TO LAW.”
After a trial on the merits, accused-appellant was convicted of
the crime of Murder and Frustrated Murder while the other accused namely,
Apolinario Roquino @ Paulino Roquino, Judito Toston, Angelito Toston and
Elpidio Espedilla were acquitted
both for the crime of Murder and
Frustrated Murder, the dispositive portion of which reads:
“WHEREFORE, foregoing
considered, the Court finds:
1. In Criminal Case No.
B-85-226 accused Cesario Villagracia guilty beyond reasonable doubt of the
crime of Murder and there being the aggravating circumstance of dwelling,
hereby sentences said accused to suffer a penalty of reclusion perpetua
and to indemnify the heirs of Restituto Castillo, the amount of P7,500.00 as
actual expenses and P30,000.00 moral damages of P10,000.00 (sic) and exemplary
damages of P5,000.00 and to pay the costs.
2. Accused Cesario VILLAGRACIA, in Criminal Case No.
B-85-227 guilty beyond reasonable doubt as co-principal of the crime of Frustrated Murder and hereby sentences said
accused to suffer a penalty of 10 years of prision mayor as minimum to 17 years of reclusion
temporal as maximum and to indemnify to Federico Adonis the amount of
P5,000.00 as actual expenses and to pay the
costs.
3. In both Criminal Cases
Nos. B-85-226 & 227 for Murder and Frustrated Murder respectively, accused
Apolinario Roquino, Judito Toston, Angelito Toston and Elpidio Espedilla, on
grounds of reasonable doubt are ordered ACQUITTED of the charge.
The preventive imprisonment which accused Cesario Villagracia has
undergone shall be credited in full in his favor.
SO ORDERED.”[3]
Appellant was arrested on the night of the incident and was
detained immediately. Nestor Ragut and
Rey Maro presently remains at large.
The facts of the case are as follows:
It was around 8 o’clock in the evening of June 16, 1985, when a
stabbing incident happened in Bagong Silang, Queen’s Row Subdivision, Molino,
Bacoor, Cavite.
Prosecution witness Lilia Adonis Antivo, brother of Federico
Adonis, testified that she was at home heating water when the stabbing incident
happened. Someone knocked at the door of her brother’s (Federico) house, who
was just living beside her. Restituto
Castillo who happen to be in Federico’s house, opened the door and was suddenly
stabbed by Cesario Villagracia.[4]
Nestor Ragut followed by stabbing Federico Adonis.[5] Lilia
Adonis Antivo executed a sworn statement[6]
narrating how she witnessed the stabbing incident. She said:
“Ng ang oras po ay humigit kumulang sa alas 6:30 ng gabi
ika-16 ng Hunyo 1985 ay nakita ko po na tumatakbo si Marilou Ragut na asawa ni
Nestor na patungo, sa bahay ni Cesario Villagracia at Edong at sinabi ni
Marilou kay Cesario na naririyan ang kapatid ni Lily (ko) sa bahay nila at
pagkasabi niya kay Cesario ay pumunta na si Marilou sa bahay ni Edong at siya
po ay umalis na at ang oras nga po ay humigit kumulang sa alas 8:00 ng gabi ay
mayroon pong kumatok sa pintuan ng kapatid kong si Federico na katabi ng
pintuan ko at ng ito nga po ay buksan ni Restituto ay biglang tinaga ni Cesario
Villagracia si Restituto at pagkataga ni Cesario ay bumaba ito at pumanhik
naman si Nestor at sinaksak ang aking kapatid na si Federico at ang sabi ng
aking kapatid ay, “Tulungan mo ako bayaw na aking asawa at ng buksan ng
aking asawa ang aming pinto tatagain siya ni Nestor kaya ang ginawa ko ay
binatak ko ang aking asawa sa loob ng aming kuarto at sila po ay nagtakbuhan na
sila.”
x x x x x x x
x x
“Dahil ng mayroon pong kumatok sa pintuan ng aking kapatid ay
hinatak ko na po ang sako na dibisyon ng kuarto namin kaya nakita ko po ng saksakin
ang aking kapatid at tagain ang kasama nito at nakita ko rin po ang mga kasama
ni Nestor at Cesario na sina Apolinario Roquino, Judito Toston at Angelito
Toston na nasa labas ng bakod namin na katapat ng pintuan na mayroong mga
dalang jungle bolo at itak at si Eduardo alyas Edong at Rey Maro naman ay nasa
likod ng bahay namin sa tapat ng pintuan ng kusina at sila ay mayroong mga
dalang itak.”[7]
Restituto Castillo died on the spot due to hemorrhage, secondary
to stab wound of the abdomen as evidenced by the certificate of post-mortem examination.[8]
Federico Adonis on the other hand, was brought to the Hospital ng Maynila for
treatment.[9]
We find the accused-appellant guilty of the crime charged.
Records will show that Lilia Antivo positively identified accused-appellant
as the assailant. Her testimony on
Cesario Villagracia’s participation to the killing is revealing. Thus-
“Q. – While you were
in your house on that date heating water can you tell the Court if there was
any unusual incident that happened?
A. – Yes, sir, Cesario Villagracia killed
Restituto Castillo and Federico Adonis was stabbed by Nestor Ragut.”[10]
x x x x
x x x x x
“Q – You want to
tell this Court that these accused were in group when you saw them in front of
your house?
A – Yes, sir.
Q – When you saw them in your house what
transpired next?
A – They knocked at the door of my brother’s
house whose house is adjacent to our house it was opened by Restituto Castillo he was suddenly
hacked by Cesario Villagracia
and then Nestor Ragut entered and stabbed my brother.”[11]
x x x x x x x x x
“Q
– What did you do when these were
taking place?
A – When the accused knocked at the door of my
brother, I pulled the sack serving as division between our rooms and I actually
saw the stabbing made on my
brother and Restituto Castillo.”[12]
x x x x
x x x x x
“Q – Will you please tell the Court how long was the
bolo allegedly used by Cesario Villagracia
in hacking Restituto Castillo?
A – Two (2) feet sir.
Q – How far were you when this accused Nestor
Ragut stabbed Federico Adonis with a double bladed weapon?
A – From here up to there. (Witness demonstrating more than a meter)
A – That is also the same distance when you
saw accused Cesario Villagracia hacked Restituto Castillo with a bolo?
Q – About an arms length.“[13]
In the case of People vs.
Aboga, et. al.[14] the Court held that the testimony of
a prosecution witness, who was only two-arms length away and although there was no electricity but there was a wick
lamp inside the house, is credible.
In the case at bar, witness
Lilia Antivo was about a meter away from the scene of the crime. There is no doubt that she witnessed the
crime and testified on what she saw
with utmost accuracy and certainty.
Moreover, prosecution witness Lilia Antivo had no difficulty in
identifying accused-appellant Cesario Villagracia because the latter also
resides at Bagong Silang, Queen’s Row Subdivision, Molino, Bacoor, Cavite and
both see each other almost everyday.
Jurisprudence teaches Us that positive identification of the appellant as the perpetrator of
the crime by prosecution
witnesses is given great weight.[15]
Another prosecution
witness, Edilberto Adonis testified that just before Castillo died, the latter told him that it was Cesario
Viliagracia who stabbed him.[16]
Though the declaration made by Castillo is not admissible in evidence, it being done not
under consciousness of an impending death, nevertheless the same may be admitted as
part of the res gestae. The
statement that it was appellant who stabbed and caused his injuries was
made under the influence of a starling occurrence when Castillo had no time to
concoct or devise; and, the statement concerns the occurrence in question and
its immediate attending circumstances.[17]
Accused-appellant anchors his defense on alibi.
Accused-appellant alleged that he was in the house of a certain
Jun Oredon that evening of June 16, 1985. He further said that he went home at around 10 o’clock in the evening
and that his wife informed him of the
stabbing incident that happened. However, Jun Oredon was never
presented during trial to corroborate his allegation.
In the case of People
vs. Belon,[18] the Court ruled that alibi cannot prevail
over the positive identification of the authors of the crime by the prosecution witnesses. Nor could much credence be given to the
testimony of the wife of Cesario, Alicia Villagracia, who corroborated his
defense of alibi. It is undeniable that
such testimony is tainted with bias for
it springs from the natural desire of a wife to bail out her husband from
criminal liability even to the extent of lying.[19]
The lower court correctly found the qualifying circumstance of
treachery to be present in the instant case. Said the court a quo:
“Treachery was present fn the commission of the crime.
‘There is treachery when the offender commits any of the crimes
against the 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.’ (Art. 14, par.16, Revised Penal Code)
“In the case of People vs. Samonte, Jr., (69, SCRA 70) the
Supreme Court ruled that in treachery, two conditions must concur: 1) the employment of means, method or manner
of execution which would insure the offender’s safety from defensive or
retaliatory act on the part of the offended party, which means that no
opportunity is given the latter to defend himself or to retaliate; and 2) that
such means, methods or manner of execution was deliberately or consciously
chosen.”[20]
Accused-appellant gave
the victim no chance to defend himself or repel the assault against him
considering the sudden and unexpected attack on his person thereby ensuring its accomplishment.
Appellant further alleged
that there was no conspiracy between him and one of the accused, Nestor Ragut.
We agree with the trial court when it said:
“x x x conspiracy was evident when accused Cesario Villagracia
hacked Restituto Castillo to death and then followed by Nestor Ragut who stabbed Federico Adonis. Both accused were together when they knocked
(sic) the door of the house where Adonis and Castillo were partaking their
supper. Conspiracy may be inferred from
the acts of accused when such acts points (sic) to a joint purpose or
design. (People vs. Datumina
Dinalasing, 98 Phil. 902). Conspiracy
need not be established by direct
evidence. (People vs. Colamn, 103 Phil
6). Both accused in this case acted
simultaneously with a common purpose of inflicting
serious and fatal injuries to their victims. Accused Villagracia and Ragut should be held liable as co-conspirators
of the crime of murder and frustrated murder.”[21]
We noticed
however, that there was an error in the dispositive portion of the lower
court’s decision. The phrase, “as
indemnity” should be inserted after the amount
of P30,000.00.
WHEREFORE, there being no reversible error in the
appealed decision and the guilt
of accused-appellant CESARIO VILLAGRACIA having been proved beyond reasonable
doubt, the same is hereby AFFIRMED except for the modification that the
indemnity to be paid to the heirs of the victim be increased in the amount of
P50,000.00.[22]
SO ORDERED.
Narvasa, C.J., (Chairman), Padilla, Regalado, and Campos, Jr., JJ., concur.
[1]
Rollo, p. 26.
[2]
Records, pp. 16-17.
[3]
Rollo, pp. 48-49.
[4]
T.S.N., March 18, 1986, p. 4.
[5]
Ibid.
[6]Exhibit
“A”, Folder of Exhibits, p. 2.
[7]
Ibid.
[8]
Exhibit “E”, Folder of Exhibits, p. 12.
[9]
Exhibit “A-Adonis”, Folder of
Exhibits, p. 1.
[10]
T.S.N., March 18, 1986, p. 3.
[11]
Ibid., at p. 4.
[12]
Ibid.,
at p. 5.
[13]
T.S.N., June 6, 1986, p. 2.
[14]
147 SCRA 404 (1987).
[15]
People vs. Santillan, 157 SCRA
534 (1988).
[16]
T.S.N., September 18, 1986, p. 4.
[17]
People vs. Roca, 162 SCRA 696
(1988).
[18]
People vs. Arbolante, 203 SCRA
85 (1991).
[19]
People vs. Loste, G.R. No. 94785
(1992).
[20]
Decision, Criminal Case Nos. B-85-226
& 227, pp. 17-18, Rollo, pp. 136-137.
[21]
Decision, Criminal Case Nos. B-85-226
& 227, pp. 21-22, Rollo pp. 140-141.
[22]
People vs. Sison, G.R. No. 86455, 189 SCRA 643 (1990).