THIRD DIVISION
G.R. No. 222655, December 09, 2020
PEOPLE OF THE PIDLIPPINES, Plaintiff-Appellee, v. EDJEN CAMARINO,* TOTO** LUMINO, FULDERICO DECDEC LUMINO, DENNIS SENGANE, SABELO*** SAMONTAO, HONORIO SENTILAN, ARNOLD SENGANE, AND LITO SAMONTAO, Accused-Appellants,
FRED SENTILAN, JANJEN LUMINO, DISON TUTO, AND JOHN DOES, AT-LARGE.
D E C I S I O N
HERNANDO, J.:
On appeal is the August 25, 2015 Decision1 of the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 01193-MIN affirming in toto the June 13, 2013 Judgment2 of the Regional Trial Court (RTC) of Manolo Fortich, Bukidnon, Branch 11, in Criminal Case No. 07-02-3234, which found accused-appellants Edjen Camariño (Edjen), Joel Toto Lumino (Joel), Fulderico Decdec Lumino (Fulderico), Honorio Sentilan (Honorio), Arnold Sengane (Arnold), Dennis Sengane (Dennis), Sabelo Samontao (Sabelo), and accused Lito Samontao (Lito) guilty beyond reasonable doubt of Murder.
Version of the Prosecution:
The evidence for the prosecution showed that at about 5 o'clock in the morning of August 13, 2006, in Sitio Sanggaya, Talakag, Bukidnon, victim Romeo Lajero (Romeo) went to buy cigarette at the store of Elito Cahilog (Elito). Minutes later, his wife, Lucia Lajero (Lucia), heard gunshots coming from the direction of the nearby plaza. When the firing stopped. Lucia went out to verify the report of Eugenio Cahilog (Eugenio) that her husband had been shot. She proceeded to Elito's store where she saw her husband's body riddled with bullets.3
Eugenio recalled that when he stepped out of his house in the early morning of August 13, 2006, he heard successive gunshots coming from the nearby plaza. He then saw about 17 persons armed with armalite rifles, garand carbine and shotguns firing indiscriminately at the direction of Elito's house. He recognized them as Toto, Fulderico, Janjen, Honorio, Fred Sentilan, Sabelo, Lito, Dison Tuto, Arnold, Dennis and Edjen, as they were his neighbors and relatives. When the assailants left, he saw the body of Romeo lying face down near the store of Elito.4
Version of the Defense:
Accused-appellants interposed the defense of denial and alibi. Honorio and Fulderico both denied any participation in the killing of Romeo. They claimed that Eugenio implicated them to the crime since they were among the witnesses in the killing of Rogelio Talac (Rogelio) by Eugenio and his men. Honorio claimed that he could not be present at the crime scene since he already transferred to Dagundalahon, Talakag, Bukidnon. For his part, Fulderico narrated that on the day of the incident, he was at Songko, Lapitan, Bukidnon. Isabelo declared that on August 13, 2006, he was in Cogon, Cagayan de Oro City, tending to the vegetable store of his in-laws.5
Lito claimed that on August 13, 2006, at around 7 o'clock in the morning, he was having coffee with Kagawad Paul Paluhan at the latter's house in Lugsayan, Cosina, Talakag, Bukidnon. He averred that it was physically impossible for him to be at the scene of the crime as it would take about two to three hours walk from his residence to reach it.6
Joel alleged that he is a farmer and a resident of Sitio Malantao, Salukot, Talakag, Bukidnon. On the day of the incident, he was visiting his mother who was recuperating at Capitan Juan, Lantapan, Bukidnon. He claimed that Eugenio implicated him to the crime since he caused the latter's arrest for illegal possession of firearm. He also testified that it was physically impossible for him to be at the crime scene.7
Meanwhile, Edjen recounted that he was at his farm at Sitio Malantao, Salukot, Talakag, Bukidnon on August 13, 2006. Later in the afternoon, his friend, Chiquito went to his house and invited him to the birthday party of the latter's son at Barangay Salukot. He insisted that he could not have been at Sanggaya at the time of the incident because Sanggaya is very far from Salukot.8
On the other hand, Dennis claimed that he and his brother, Arnold, were at Taguanao, Indahag, Cagayan de Oro City, hence they could not have participated in the killing of Romeo.9
Ruling of the Regional Trial Court:
Appreciating the qualifying circumstances of treachery and abuse of superior strength, the trial court rendered a judgment of conviction on the accused-appellants and sentenced each of them to suffer the penalty of reclusion perpetua. The dispositive portion of the RTC Decision reads:chanroblesvirtualawlibrary
WHEREFORE IN VIEW OF THE ABOVE, and with treachery and abuse of superior strength with no mitigating circumstance, the court finds the accused 1) Edjen Camariño, 2) Joel Toto/Tuto Lumino, 3) Fulderico Decdec Lumino, 4) Honorio Sentilan, 5) Arnold Sengane, 6) Dennis Sengane, 7) Sabelo Samontao and 8) Lito Samontao guilty beyond reasonable doubt of murder of Romeo Lajero y Dondonay and hereby sentences each of the aforementioned accused to suffer the penalty of imprisonment of reclusion perpetua, which each accused shall serve and continue to serve at the Davao Prison and Penal Farm, B.E. Dujali, Davao del Norte. Accused are credited of their preventive detention at the PDRC and BJMP of Manolo Fortich, Bukidnon and Lumbia City Jail, Cagayan de Oro city. Furthermore, each of the accused is liable to pay, jointly and severally, the heirs of Romeo Lajero, through Lucia Lajero, the following:chanroblesvirtualawlibraryRuling of the Court of Appeals:(1) P75,000.00 - moral damages andCosts against accused.
(2) P50,000.00 - nominal damages
No pronouncement on actual damages for lack of/or insufficient evidence.
The cases against 1) Fred Sentilan, 2) Janjen Lumino and 3) Dison Tuto, are archived. Let an alias warrant of arrest issue.
SO ORDERED.10
Indeed, we have reviewed the relevant portions of the transcripts and have confidently arrived at the conclusion that Eugenio Cahilog positively identified accused-appellants as the perpetrators of the dastardly crime of murder committed on the victim which he categorically and consistently claimed to have personally witnessed. The account of Eugenio Cahilog of the shooting incident is not contrary to normal human experience. It is not impossible for an eyewitness of the crime, like Eugenio Cahilog, to have escaped from the eyes of the perpetrators and the bullets of the latter's firearms. The insinuations of accused-appellants do not diminish the plausibility of Eugenio Cahilog's story, let alone destroy his credibility. x x x"The finding of guilt based on the testimony of a lone witness is not uncommon in our jurisprudence. Time and again, We have held that the testimony of a sole eyewitness is sufficient to support a conviction so long as it is clear, straightforward and worthy of credence by the trial court. Such rulings were, therefore, premised on the fact that the credibility of the sole witness was duly established and observed in court."15
x x x
Witness Eugenio Cahilog is related either by consanguinity or affinity to the accused-appellants and has known each of them from birth. We do not see any ill motive on his part in testifying against his own relatives regarding the death of the victim, who was not in any way related to him. In his testimony, he was candid and categorical, straightforward and spontaneous, frank and forthright. He remained unfazed and undamaged by grueling cross-examination. x x x14
The court observes a specific pattern or deliberate attempt by accused to confuse the distance/s and the location of the place of incident in relation to other places. There was a deliberate attempt to obfuscate or camouflage the location and distances of Sanggaya in relation to Baylanan, Lapok, Talakag, Capitan Juan, Lantapan and Baungon (Bukidnon), Taguanao and the City of Cagayan de Oro and Villanueva (Misamis Oriental). Their "vagueness" made their theory of physical impossibility, implausible and hard to believe. Their answer of the distance as "very far" does not prove physical impossibility because of the existence of connecting national and provincial roads (macadam or concrete) in Bukidnon, Cagayan de Oro City and Misamis Oriental."The essential elements of murder, which the prosecution must prove beyond reasonable doubt, are: (1) that a person was killed; (2) that the accused killed him; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 [of the Revised Penal Code (RPC)]; and (4) that the killing is not parricide or infanticide."18
Dr. Aida Generalao, is a Municipal Health Officer of Talakag, Bukidnon for a long time and is considered knowledgeable on the location or places and their distances in Talakag. She is a public officer and considered an "old hand" in Talakag, Bukidrion and an independent and unbiased witness. She testified that Sanggaya is only 50 kilometers from the Poblacion of Talakag and there is an estimated "3 to 4" kilometers in that area which can only be traversed by foot or horse.
x x x
It is public knowledge that the national road or highway from Cagayan de Oro City to Talakag is concrete and cemented: that there is a national road or highway connecting the municipality of Talakag to the Municipality of Lantapan and the City of Malaybalay (Bukidnon) or from Talakag to Kalilangan, Bukidnon; that there is a provincial road from the Crossing, Cagayan de Oro City to Poblacion, Baungon; that the provincial road in those municipalities are either [macadam] or cemented; that the road connecting the Municipality of Talakag to Malaybalay, Bukidnon is combination of macadam and cement. Even the evidence of the accused show that Sanggaya can be reached by foot or motor vehicle or animals in a matter of hours or less than a day. Their cross examination of Lucia show that there is a national road directly connecting Baylanan to Cagayan de Oro City. Dr. Generalao confirms that Sanggaya is about 50 kilometers from Poblacion, Talakag, Bukidnon.
x x x
The testimony of Dr. Generalao (on the distance of Sanggaya) in relation to the cross examination of Lucia, (national road from Baylanan to Cagayan de Oro City) and the testimony of the accused, debunked their theory of physical impossibility. The existence of a connecting network of national and provincial roads in the municipalities of Talakag, Lantapan and Baungon and the cities of Malaybalay, (Bukidnon) and Cagayan de Oro is a matter of public and judicial knowledge. These roads can be traversed by motor vehicles (both public and private) animals or by foot.17
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Direct proof of conspiracy is rarely found, for criminals do not write down their lawless plans and plot. The agreement to commit a crime, however, may be deduced from the mode and manner of the commission of the offense or inferred from acts that point to a joint purpose and design, concerted action, and community of intent. It did not matter x x x who inflicted the mortal wound, as the act of one is the act of all, and each incurred the same criminal liability.20It is very clear that conspiracy, connivance and unity of purpose and intention were present during the execution of the crime. The prosecution was able to prove that at the time of the attack, accused-appellants simultaneously fired their long firearms at the houses in the general direction of the plaza, killing Romeo in consequence. Accused-appellants' collective and individual acts demonstrating the existence of a common design is also evident from the unrebutted testimony of Eugenio that he heard one of the accused-appellants order his companions to retreat, which they all did, upon the arrival of police reinforcement from Magsaysay, Miarayon and Talakag.
Endnotes:
* Also spelled as Camariño in some parts of the records.
** Also referred to as Joel in some parts of the records.
*** Also referred to as Isabelo in some parts of the records.
**** Designated as additional member per raffle dated July 15, 2019 vice J. Inting who recused for having concurred in the assailed Decision of the Court of Appeals.
1Rollo, pp. 3-17; penned by Associate Justice Edgardo A. Camello and concurred in by Associate Justices Henri Jean Paul B. Inting and Rafael Antonio M. Santos.
2 CA rollo, pp. 31-40; penned by Judge Jose U. Yamut, Sr.
3Rollo, pp. 4-5.
4 Id. at 5.
5 Id. at 6-8.
6 Id.
7 Id. at 7.
8 Id.
9 Id. at 7-8.
10 Id. at 39-40.
11 Id. at 3-17.
12 Id.
13People v. Balmes, 786 Phil. 425, 432-433 (2016).
14Rollo, pp. 10-11.
15Ambagan, Jr. v. People, 771 Phil. 245, 276 (2015).
16People v. Ulanday, 785 Phil. 663, 680 (2016).
17 CA rollo, pp. 36-38.
18People v. Sabangan, 723 Phil. 591, 609 (2013).
19 See People v. Camposano, 785 Phil. 563, 583 (2013).
20People v. Hapa, 413 Phil. 679, 698-699 (2001).
21People v. Jugueta, 783 Phil. 806, 848 (2016).
22Id.
23Rollo, p. 41.
24 See People v. Maylon, G.R. No. 240664, June 22, 2020.cralawredlibrary