People Of The Philippines v. Durado

MENDOZA, J.:

This is an appeal from the decision1 of the Regional Trial Court, Branch 52, Palawan, finding accused-appellants Edilberto Durado, Sr., Edilberto Durado, Jr., and Salvador Durado guilty beyond reasonable doubt of murder and sentencing each of them to suffer the penalty of reclusion perpetua and to pay the heirs of the victim, Juanito Galanto, P50,000.00 as death indemnity and P20,000.00 as moral damages. Two other accused, Edmundo Durado and Danilo Durado were acquitted for insufficiency of evidence. The information2 against accused-appellants and their co-accused, Edmundo Durado and Danilo Durado, alleged - That on or about the 5th day of July, 1993, at Sitio Decala in Barangay Caruray in the Municipality of San Vicente, Province of Palawan, Philippines and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating, together and mutually helping one another, with evident premeditation and treachery, and with the use of superior strength, while armed with deadly weapons and with the intent to kill, did then and there willfully, unlawfully, and feloniously attack, assault, and hack and spear one JUANITO GALANTO, hitting him in the different vital parts of his body and inflicting upon him multiple hacked wounds and stabbed wounds on the midclavicular line, right side, which were the direct and immediate cause of his instantaneous death.

CONTRARY TO LAW. All of the accused pleaded not guilty to the charge, whereupon trial commenced. The prosecution presented two eyewitnesses, Patricio Galanto and Agustin de los Santos, and other corroborating witnesses, Maria Galanto and Dr. Purificacion Reyes.

Patricio Galanto is the older brother of the victim Juanito Galanto. He testified that on July 5, 1993, at around 8:00 in the morning, he went to the forest in the Upper Interior with his brother and Edmundo Durado to cut wood. Patricio carried a bolo and an ax, while Juanito and Edmundo had bolos.

According to Patricio, they were walking single file with Juanito leading the way when suddenly Edmundo rushed in front of them and disappeared around a bend. Three minutes later, they were stopped by accused-appellants Edilberto Durado, Jr. and Salvador Durado. Without any warning, Salvador Durado thrice struck Juanito Galanto with his bolo, saying "Lumaban ka na."

Edilberto Durado, Jr. held Patricio Galanto at bay by pointing a firearm with a spear attached to it. Danilo Durado and Edmundo Durado were present, armed with bolos. In a while, Edilberto Durado, Sr. arrived and told his sons, "Banatan na ninyo mga anak, kamadahin natin ang patay."

Upon hearing this, Patricio said he got scared and ran away. After running a distance of about 30 meters, he claimed that he looked back and saw his brother Juanito on the ground being attacked by the Durados with bolos. He resumed running until he met his sister-in-law, Maria Galanto, who is the common-law wife of accused-appellant.

Edilberto Durado, Sr. After telling her what happened, he went home, gathered his family and took them to the forest for safety. After about two hours, he went back to the crime scene and found his brother Juanito already dead. The barangay captain later arrived and found the lifeless body of Juanito Galanto with 17 stab wounds.3 Another eyewitness, Agustin de los Santos, was a resident of Ibaba, Sitio Decala in the same barangay.

He testified that, at around 8:00 in the morning of July 5, 1993, he was riding on a carabao which was pulling a sled on his way to the Upper Interior of Sitio Decala to gather rattan poles. He claimed that accused-appellants Edilberto Durado, Sr., Edilberto Durado, Jr., Salvador Durado, together with Edmundo Durado and Danilo Durado, came from behind and overtook him.

Edilberto, Sr., Edmundo, and Danilo were carrying bolos, while Edilberto, Jr. and Salvador were armed with rifles. Soon thereafter, he saw, at a distance of about 70 meters, the group surrounding Juanito Galanto. Edilberto, Sr. was on the left side of Juanito Galanto, Edmundo was in front of the victim, while Danilo was on the right side.

They took turns hacking the victim with their bolos. On the other hand, Salvador and Edilberto, Jr. stayed at the right side of the victim with their guns aimed at him. Agustin de los Santos said he saw Edilberto, Sr. hit Juanito Galanto twice with a bolo.

He was so stunned by what he saw, that, out of fright, he turned back and went home, leaving his sled behind. Agustin de los Santos said he told his wife and the barangay captain about what he had seen. He later gave a sworn statement concerning the incident to the police.4 On the other hand, Maria Galanto was married to the victim's brother, Valeriano Galanto, Sr. After the death of her husband, Maria Galanto started living with accused-appellant Edilberto Durado, Sr. in 1975.

Testifying for the prosecution, she said that, in the afternoon of July 4, 1993, her grandchild, Edgar, was baptized in a ceremony locally called "pabuhos." The ceremony was held in the house of her son, Valeriano Galanto, Jr., with accused-appellant Edilberto Durado, Sr. officiating. After the ceremony, food and drinks were served.

A heated argument later arose between Edilberto, Sr. and Valeriano, Jr. Addressing Valeriano, Jr., Edilberto, Sr. asked, "Jun galit ka yata sa akin. Papatayin mo ba ako?" According to Maria Galanto, she tried to pacify Edilberto, Sr. and prevailed upon him to go home but, upon reaching their house, they had an argument.

Maria testified that when she accused Edilberto, Sr. of being angry at Valeriano, Jr. because the latter had given him only one sack of rice, Edilberto, Sr. did not bother to reply. Instead, he went upstairs to get his gun. Maria followed him upstairs and tried to take the gun from him, but she failed to do so as he vowed "Itaga mo sa haligi, bukas may iyakan ang mga Galanto,"

and left for his son's house and did not return home that night. Maria testified that the next day, July 5, 1993, she got up at around 6:30 in the morning to go to the house of her other son, Jerry Galanto, to get the bolo and the hat of Edilberto, Sr. which the latter had left the previous night. In Jerry's house, she saw Edmundo Durado who later went with the victim, Juanito Galanto, to the forest to cut some logs.

Later, she met Patricio Galanto who told her that Juanito Galanto had been killed by the Durados. She, therefore, decided not to go home and, instead, hide in the forest where she stayed for three hours. She later went to the house of Rosa Depeno until the barangay captain arrived.

She accompanied the body of the victim to the Galanto residence.5 Dr. Purificacion Reyes, medical officer of the Provincial Hospital of Palawan, testified that she conducted the exhumation of the body of Juanito Galanto on July 22, 1993 from 4:00 to 4:45 in the afternoon in Caruray, San Vicente, Palawan, in the presence of the victim's wife and relatives of the victim as well as the barangay captain and some members of the barangay council. In her report,6 she identified nine major wounds on the body of the victim, to wit: 1. Hacking wound middle 3rd lateral aspect of the R thigh.

2. Hacking wound distal third medico-lateral aspect of the R forearm. 3.

Hacking wound middle third lateral aspect of the R arm. 4. Hacking wound middle portion of the left deltoid.

5. Hacking wound divided L hand up to the wrist between the ring and middle finger. 6.

Hacking wound distal third lateral aspect of the forearm. 7. Hacking wound right plantar area from the middle 3rd and 4th phalanx.

8. Hacking wound medio-lateral of the right parietal area. 9.

Stab wound 3rd Intercostal Space midclavicular line R. Dr.

Reyes testified that the cause of Juanito Galanto's death was "exsanguination" or massive loss of blood due to the hack wounds. She also said that there were other wounds found in the body but they could no longer be identified due to the advanced state of decomposition of the corpse.

She opined that two or more "heavy cutting instruments like big bolos, axes and like instruments" could have been used in inflicting the wounds.7 For its part, the defense presented accused-appellants Edilberto Durado, Sr., and Edmundo Durado, and Raul Villanueva.ℒαwρhi৷ Accused-appellant Edilberto Durado, Sr. affirmed that he and prosecution witness Maria Galanto had been living in common-law relation for the last 18 years. On July 4, 1993, he performed baptismal rites on a grandchild of Maria Galanto in Sitio Decala, Barangay Caruray, San Vicente, Palawan.

On that occasion, an altercation arose between Marcos de los Santos and Valeriano Galanto, Jr., son of Maria Galanto. He claimed that he tried to pacify the protagonists, but Valeriano, Jr. resented his intervention. Valeriano, Jr. tried to strangle him until Maria Galanto stopped her son.

Edilberto, Sr., and Maria then went to their home in Sitio Salaksakan, about 5 km. away. He denied that he quarreled with his wife and got his gun and returned to the house of Valeriano Galanto, Jr. He claimed that he stayed home all night.

The next day, July 5, 1993, at around 7:00 in the morning, he left his house to get some wood from the forest. On the road, he met Agustin de los Santos who warned him, "Tay, beware the Galantos will kill you." He paid no heed and proceeded on his way, and later met Marcos de los Santos, Juanito Galanto (the victim), Patricio Galanto, and Edmundo Durado.

The four were walking single file in that order. When he was about two arms'-length from Juanito Galanto, the latter tried to draw his bolo, at the same time saying, "Now, I will kill you." According to accused-appellant, he struck Juanito at the wrist with his bolo, but the latter still tried to draw his blade.

So, Edilberto, Sr. dealt him two successive blows, the first caused the victim's right forearm to be severed while the second severed the left arm from the elbow. Edilberto, Sr. claimed that the victim tried to use his feet to fight back, so he hit him on the feet which caused the victim to fall on his back. He then stabbed the victim on the stomach and hacked him on the left shoulder and on the right posterior part of the head.8 Accused-appellant Edmundo Durado, one of the sons of Edilberto Durado, Sr., testified that prior to July 5, 1993, he had been staying in the victim's house for more than a month because he was working in the victim's rattan furniture shop.

He claimed that in the morning of July 5, 1993, he was working in the victim's house together with one Marcos de los Santos when the victim asked them to go with him to gather wood in the forest. Before proceeding to the forest, they passed by the house of Patricio Galanto, the brother of Juanito Galanto. Juanito then asked Patricio to help them cut some wood in the forest.

According to Edmundo, the Galantos and Marcos de los Santos carried bolos while he had none. He carried instead a thermos bottle with hot water and a kettle containing uncooked rice. Patricio also had an ax which he carried on his shoulder.

He testified that Marcos de los Santos was leading the way, followed by Juanito, then Patricio, and himself, and that while thus walking, they met his father, accused-appellant Edilberto Durado, Sr., who came from the seashore. The latter was alone. Edmundo claimed that his father, Edilberto, Sr., struck Juanito Galanto with a bolo as the latter was drawing his bolo from its scabbard.

He said he tried to stop his father saying, "Tay, have mercy on him." Marcos de los Santos and Patricio were frightened and ran away.

He fled shortly thereafter and proceeded to the house of his brothers Danilo, Salvador and Edilberto Durado, Jr., and told them what had happened. When asked on direct examination if his brothers owned guns, Edmundo stated that they did not.9 On cross-examination, Edmundo Durado stated that his father was angry at Valeriano Galanto, Jr. because the latter tried to strangle him (his father) at the "pabuhos" the day before.

He said that the victim Juanito Galanto, tried to pacify the protagonists (Valeriano Galanto, Jr. and Edilberto Durado, Sr.). He then heard Juanito Galanto shout at Edilberto, Sr., "Pare, the next time we meet, there will be no exchange of words, we will just hack each other." Edmundo denied that he and his brothers participated in the killing of Juanito Galanto.

He claimed that it was only his father who killed Juanito. He stated that his father and the victim did not have any exchange of words before the former hacked the latter.10 The last defense witness, Raul Villanueva, was presented to prove the alibi of Salvador Durado, Danilo Durado, and Edilberto Durado, Jr. According to him, on July 5, 1993, from 7:00 a.m. to 10:00 a.m., he was at the Interior of Sitio Decala, cleaning rattan poles together with Salvador, Danilo, and Edilberto, Jr. He claimed that at 9:00 a.m., Edmundo Durado arrived and told them that their father, Edilberto, Sr., had killed Juanito Galanto.

He explained that he did not tell the police that the Durado brothers had no part in the killing of Juanito Galanto because he did not know that the three had been arrested. He said that he learned of the death of the victim only on July 6, 1993.11 On February 23, 1995, the trial court rendered its decision finding accused-appellants Edilberto Durado, Sr., Salvador Durado, and Edilberto Durado, Jr., guilty as co-principals in the murder of Juanito Galanto. It rejected Edilberto, Sr.'s claim that he acted in self-defense, and Edilberto, Jr. and Salvador's alibi in view of their positive identification by the eyewitnesses.

On the other hand, Edmundo Durado and Danilo Durado were acquitted on the ground of insufficiency of evidence. The dispositive portion of the trial court's decision reads:

WHEREFORE, premises considered, judgment is hereby [rendered] finding co-accused Edilberto Durado, Sr., Salvador Durado, and Edilberto Durado, Jr. guilty beyond reasonable doubt as co-principals of the crime of murder, and without any modifying circumstances appreciated, and not being entitled to the application of the Indeterminate Sentence Law, the said accused are sentenced to reclusion perpetua, to pay the heirs of Juanito Galanto, jointly and severally, actual and compensatory damages corresponding to: Indemnity for the death of Juanito Galanto P50,000.00 Funeral and burial expenses P20,000.00