SECOND DIVISION
G.R. No. 201836, June 22, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALLAN BRITANICO AND JOJO BRITANICO, Accused-Appellants.
R E S O L U T I O N
DEL CASTILLO, J.:
Three brothers, namely Allan, Rolly and Jojo, and their father, Francisco, all surnamed Britanico, were charged with murder for the death of Segundo Toralde y Belmonte (Segundo). The Information1 alleged that at around 5 o'clock in the afternoon of August 23, 2003, in barangay Libtong, municipality of Libon, province of Albay, all four accused conspired to kill the victim, and with the use of bladed weapons, with treachery and evident premeditation, hacked the victim several times hitting him on different parts of his body, resulting in his instantaneous death. The case was raffled to the Regional Trial Court (RTC) of Ligao, Albay, Branch 13 which issued a warrant of arrest2 against the four accused. However, only Allan and Rolly were initially apprehended and eventually detained at the Polangui District Jail in Polangui, Albay. Both were arraigned on. December 10, 2003 where they entered a plea of not guilty to the charge.3ChanRoblesVirtualawlibrary
A few days after, or on January 28, 2004, Francisco was apprehended4 and imprisoned with his sons, Rolly and Allan, in detention at Polangui District Jail in Albay.5 As manifested by the Jail Warden, and based on the evaluation of the Municipal Health Officer, Francisco was suffering from severe anemia when committed to the jail facility.6 Thus, the Jail Warden requested the RTC to allow Francisco to be confined at a hospital. However, the court a quo did not permit Francisco's confinement in a hospital; instead, he was allowed to undergo medical examination with a proviso that he be returned to the City Jail after every consultation.7 On February 20, 2004, Francisco was arraigned where he entered a plea of not guilty.8 On March 11, 2004, Francisco was brought to the Josefina Belmonte Duran Memorial District Hospital but was pronounced dead on arrival.9 Consequently, the charge against Francisco was dismissed.10ChanRoblesVirtualawlibrary
Jojo was the last accused to be apprehended.11 On October 27, 2004, he was ordered committed at the Polangui District Jail together with Alan and Rolly.12 On December 8, 2004, he was arraigned where he entered a plea of not guilty.13ChanRoblesVirtualawlibrary
In the meantime, Rolly who was a minor at the time of the commission of the crime, was released on recognizance to the custody of his mother.14 Thereafter, and in the course of the trial, the defense filed a Motion to Dismiss the Case Against Minor Accused Rolly Britanico.15 Citing Republic Act No. 9344 or the Juvenile: Justice and Welfare Act of 2006 which raised the minimum age of criminal responsibility from nine to 15 years, and considering that Rolly was only 14 years of age when the crime was committed on August 23, 2003, having been born on October 29, 1988, the defense prayed that the charge against Rolly be dismissed. Finding merit in the motion, the RTC granted the same in an Order16 dated April 16, 2009 and accordingly dismissed the case against Rolly.
Consequently, only Allan and Jojo, hereinafter collectively referred to as appellants, remained out of the four accused.
On December 7, 2009, the RTC rendered its Judgment17 finding appellants guilty as charged. The court a quo lent credence to the eyewitness account of Rolando Toralde (Rolando) who narrated that in the afternoon of August 23, 2003, he was on his way to the house of his uncle, Segundo. However, when he was about to pass by the house of Francisco, he saw the latter and his sons, Rolly, Allan, and Jojo, hack Segundo with the use of bladed weapons. Fearing for his life, he hid in the grassy portion for about 10 minutes. Upon seeing his uncle fall to the ground, Rolando left and immediately informed his cousin, Alma, about the misfortune that befell her father. When placed on the witness stand, Alma testified that it was Rolando who informed her about the hacking incident. She claimed that Francisco is her uncle, being the brother of her mother, while Jojo, Allan and Rolly are her cousins.
Appellants could only offer denial and alibi. Allan claimed that on August 23, 2003, he was at San Antonio, Iriga City overseeing the fishpond of Flor Epres. For his part, Jojo averred that at around 5 o'clock in the afternoon of August 23, 2003, he went to barangay Amuguis in Polangui to fetch his wife. Teresita Britanico (Teresita), the mother of appellants, also testified. She alleged that in the afternoon of August 23, 2003, Segundo passed by their house and had an argument with her husband, Francisco. The altercation became heated and both parties exchanged hacking blows. Teresita and her daughter Maricel left in order to seek help. However, considering that the nearest house is 200 meters away, they decided to return whereupon they saw Segundo running away and being chased by Francisco. When Francisco returned, his shirt was stained with blood and in answer to her query, Francisco admitted having killed Segundo. Fearing retaliation from the family of the deceased, Francisco and Teresita, together with their children Rolly and Ronald, left their house and proceeded to Anilao, Libon, Albay.
Ruling of the Regional Trial Court
The trial court did not lend credence to the denial and alibi of appellants in view of their positive identification by prosecution eyewitness Rolando. Moreover, the trial court noted that both failed to show that it was physically impossible for them to be at the scene of the crime at the time of its commission. Besides, the prosecution was able to refute the testimony of Allan by presenting Emilio Toralde who saw Allan leave the fishpond on August 23, 2003. On the other hand, the trial court found Jojo's alibi to be self-serving and uncorroborated.
Finding the qualifying circumstance of treachery to have attended the commission of the crime, the RTC found appellants guilty of the crime of murder, viz:
chanRoblesvirtualLawlibrary
WHEREFORE, the Court finds accused ALLAN BRITANICO and JOJO BRITANICO guilty beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, as amended by Section 6 of Republic Act No. 7659. Accordingly, said accused are hereby sentenced to suffer the penalty of reclusion perpetua.Ruling of the Court of Appeals
On the civil liability of the accused, judgment is hereby rendered ordering accused Allan Britanico and Jojo Britanico to indemnify the heirs of the deceased Segundo Toralde, jointly and severally, the following: (a) the sum of P75,000.00, as civil indemnity; (b) the sum of P75,000.00 as moral damages; (c) P16,818.50 as actual damages and (d) P25,000.00 as exemplary damages.
Costs against the accused.
SO ORDERED.18
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Endnotes:
* Per Special Order No. 2067 dated June 22, 2015.
** Per Special Order No. 2056-C dated June 10, 2015.
1 Records, p. 16.
2 Id. at 9.
3 Id. at 26.
4 Id. at 33, dorsal portion.
5 Id. at 34.
6 Id. at 39-40.
7 Id. at 58; penned by Judge Pedro R. Soriao.
8 Id. at 49.
9 Id. at 57, 59.
10 Id. at 66.
11 Id. at 98, dorsal portion.
12 Id. at 99.
13 Id. at 105, 109.
14 Id. at 147.
15 Id. at 442-443.
16 Id. at 446.
17 Id. at 474-494; penned by Judge Angeles S. Vasquez.
18 Id. at 494.
19 CA rollo, pp. 76-95.
20 Id. at 155-177; penned by Associate Justice Leoncia Real-Dimagiba and concurred in by Associate Justices Hakim S. Abdulwahid and Marlene Gonzales-Sison.
21Rollo, pp. 30-31.
22 Id. at 48-53.
23 456 Phil. 14, 29 (2003).cralawred