[ G.R. No. L-41419. January 19, 1981 ] 190 Phil. 56
EN BANC
[ G.R. No. L-41419. January 19, 1981 ]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PABLITO GIDA AND LUCIANO GIDA, ACCUSED-APPELLANTS. D E C I S I O N
PER CURIAM:
REVIEW of the death sentence imposed by the Court of First Instance of Lanao del Norte upon Pablito Gida and Luciano Gida for the killing of Felix Logronio.[1]
The record shows that at about 7:00 o’clock in the evening of September 5, 1971, Aurea Lapinig de Logronio was in their house in Lapinig, Kapatagan, Lanao del Norte, tying a shoat which she had brought along with her that evening from Aurora, Zamboanga del Sur, where she spent a few days, in fear of a group of armed Muslims known as the “Barracudas.” She and her husband, Felix Logronio, were preparing to go to the house of her father, Cirilo Lapinig, about 100 meters away, where they intended to eat their supper. As she was tying the pig to a post, about 2 meters from the ladder, Aurea heard a chopping sound behind her. When she turned her head, she saw Apolinario Gida hacking the leg of her husband, who was on the top rung of the ladder, locking the door of their house. Felix Logronio fell and Pablito and Luciano Gida took turns in attacking him with their bolos. She pleaded with Luciano Gida not to kill her husband. She also called for help from her parents. After inflicting numerous wounds on Felix, Pablito, Luciano, and Apolinario Gida fled towards the ricefields and thence to the coconut grove where it was dark.[2]
Cirilo Lapinig came in answer to his daughter’s call of distress. When he arrived at the house of his daughter, he saw his son-in-law Felix Logronio lying on the ground, bleeding from his wounds. Felix was still alive but could not talk. Aurea told him, in answer to his question, that Felix was attacked by Apolinario, Luciano, and Pablito Gida.[3] They brought Felix Logronio to the Aurora General Hospital at Aurora, Zamboanga del Sur, where Felix Logronio was pronounced dead on arrival.[4] Felix Logronio sustained the following lesions:[5]
Wound, multiple, scalp, parietal region, left; Wound, earlobe, right, upper portion; Wound, chest wall, posterior, at 3 points; Wound, forearm, left, antero medial aspect; Wound, forearm, right, posterior at 2 points with fracture of the ulnar bone, right; Wound, amputating wound of the fingers, right, middle, ring & little finger; Wound, leg, left, lateral aspect lower portion; and Wound, knee joint, left, anterior aspect.
The incident was reported to the police authorities at Kapatagan very early the following day and police corporals Felix Paculba and Nemesio Gina-ut were ordered to go to Lapinig to conduct an investigation. Upon their return, they reported that Felix Logronio was killed by Luciano, Apolinario, and Pablito Gida because of the controversy between Luciano Gida and Cirilo Lapinig, the father-in-law of Felix Logronio, over a parcel of land. They brought with them Luciano and Pablito Gida, as well as the bolo they found in the house of Apolinario Gida, which was used in the killing. Apolinario Gida could not be found and still remains at-large.[6]
As a consequence, Luciano and Pablito Gida were charged with the crime of Murder, committed as follows:
“That on or about the 5th day of September, 1971, in the barrio of Lapinig, municipality of Kapatagan, Province of Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused conspiring together, confederating and mutually helping with Apolinario Gida who is still at large, armed with bolos and with intent to kill, did then and there wilfully, unlawfully and feloniously attack, stab and wound thereof with treachery, one FELIX LOGRONIO, inflicting upon him the following stab wounds, to wit:
Wound Multiple, scalp, parietal region, left. Wound Earlobe, right, upper portion. Wound Chest wall, posterior at 3 points. Wound Forearm, left, antero medial apsect. Wound Forearm right posterior at 2 points with fracture of the ulnar bone, right. Wound Amputating wound of the fingers, right, middle, ring and little finger. Wound Leg left, lateral aspect lower portion. Wound Knee joint, left anterior aspect.
and as a direct result thereof, said Felix Logronio died thereafter.
“The above-named accused shall indemnify the heirs of the deceased represented by Aurea Lapinig the sum of P12,000.00 and shall pay them the sum of P20,000.00 representing moral and exemplary damages for their mental anguish.
“Contrary to and in violation of Article 248 of the Revised Penal Code with aggravating circumstances of evident premeditation, superior strength, nighttime and dwelling of the offended party.”
Luciano and Pablito Gido denied that they committed the crime. They attribute the killing of Felix Logronio to the armed Muslim bandits. Luciano and Pablito Gida declared that they were in the house of Jose Condiman in Lapinig, Kapatagan, Lanao del Norte on September 5, 1971, from 4:00 o’clock in the afternoon to 7:00 o’clock in the evening. Pablito Gida stated that he was playing “Lucky 9” with Lito de la Cruz, Primo Condiman, Jose Condiman, Liberato Rosales and several others, whose names he cannot now remember. They played until 7:00 o’clock in the evening when they heard Aurea Lapinig shouting for help and the players left. However, he did not leave the house of Jose Condiman “because I heard that they suspected Luciano Gida, Pablito Gida, and Apolinario Gida in the hacking of Felix Logronio."[7]
Luciano Gida said that he was watching the game of “Lucky 9” and ran home when he heard the cry for help. His house is just in front of the house of Jose Condiman.[8]
After going over the records of the case, We find no reason to disturb the findings of the trial court that Pablito and Luciano Gida are guilty of the crime for which they have been charged and convicted. Aurea Lapinig categorically and positively identified them as the persons who attacked and killed her husband on the night of September 5, 1971. The claim of the defendants that Felix Logronio was killed by Muslims is incredible and is not supported by any evidence presented by the defense.
The accused point to several contradictory statements, inconsistencies and improbabilities in the testimony of Aurea Lapinig which would render her declaration unworthy of belief.[9] But, these contradictions, inconsistencies, and improbabilities refer to minor and trivial details which cannot destroy the credibility of the witness and the veracity of her statements. Thus, as recently held in People vs. Castañeda, et al., G.R. No. L-32625, August 11, 1979, “the trial court is not bound to believe all that the said witness has said, but it may give weight and credence to such portions of her testimony as it may deem worthy of belief and disbelieve the other portions of her testimony. And in the same case, the following applicable doctrines were invoked as:
“Triers of facts are not bound to believe all that a witness has said; they may accept some portions of his testimony and reject other portions, according to what seems to them, upon other facts and circumstances, to be the truth. x x x. Even when witnesses are found to have deliberately falsified in some particulars, the jury are not required to reject the whole of their uncorroborated testimony, but may credit such portions as they may deem worthy of belief.” (1 Moore on Facts, p. 23, quoted with approval in People vs. Keller, 46 O.G. No. 6, pp. 3222-3223. See also People vs. Li Bun Juan, L-11077, Aug. 23, 1966, 17 SCRA 934.
“It is perfectly reasonable to believe the testimony of a witness with respect to some facts and disbelieve it with respect to other facts. As it has been aptly said even when witnesses are found to have deliberately falsified in some material particulars, it is not required that the whole of their uncorroborated testimony be rejected, but such portions thereof deemed worthy of belief may be credited.” (People vs. Malillos, L-26568, July 29, 1968, 24 SCRA 133. See also People vs. Mabuyo, L-29129, May 8, 1975, 63 SCRA 532; People vs. Roxas, L-32912, Oct. 29, 1976, 73 SCRA 583.)
In this connection, the positive identification of the appellants belies the defense of alibi.
The crime committed is MURDER qualified by treachery. The attack on Felix Logronio was sudden and unexpected. He was first hit on the leg causing him to fall to the ground from the stairs of their house. Upon falling on the ground, his assailants ruthlessly hacked him to death.[10] At the very moment that he was hacked on the leg he was at the top rung of the stairs locking their house.[11] Thereby, dwelling aggravates the penalty because the staircase forms an integral part of the house.[12] And there being no mitigating circumstance present, the death penalty must be imposed. Nocturnity and abuse of superiority are absorbed in treachery because the same form part of the peculiar treacherous means and manner adopted to insure the execution of the crime. Evident premeditation can not be appreciated. There is no showing that the accused premeditated the killing; that the culprit clung to their premeditated act; and that there was sufficient interval of time between the premeditation and the execution of the crime to allow them to reflect upon the consequences of their act.[13]
WHEREFORE, appellants are convicted of the crime of murder qualified by treachery aggravated by the circumstance of dwelling, and sentenced to death; to indemnify, jointly and severally, the heirs of the late Felix Logronio with the amount of P12,000.00 for compensatory damages and P15,000.00 for moral damages; and to pay the costs. Considering that appellants have been detention prisoners since September 10, 1971 continuously up to the present, and that nothing can be said against them as to their conduct while in detention, the Court recommends to the Chief Executive the commutation of their sentence to life imprisonment.
SO ORDERED.
Teehankee, Barredo, Concepcion, Jr., Fernandez, Guerrero, Abad Santos, De Castro, and Melencio-Herrera, JJ., concur.
Fernando, C.J., took no part.
Makasiar, J., join the concurrence of Justice Aquino.
Aquino. J., files a separate opinion.