PEOPLE Vs Ronnie Abolidor Et Al
PEOPLE Vs Ronnie Abolidor Et Al
DECISION
YNARES-SANTIAGO, J.:
This is an appeal from the decision[1] dated January 31, 2000 of the Regional Trial Court of Iloilo City,
Branch 31, in Criminal Case No. 40948, convicting Claudio Barcimo, Jr. @ "Noc-noc", Ronnie Abolidor
and Francisco Comoda of the crime of murder, sentencing them to suffer the penalty of reclusion
perpetua and ordering them to pay P100,000.00 as civil indemnity, P16,000.00 as actual damages and
P30,000.00 as moral and exemplary damages.
Claudio Barcimo, Jr., Ronnie Abolidor and Francisco Comoda were indicted for Murder in an Information
alleging:
That on or about the 14th day of June 1993, in the Municpality of New Lucena, Iloilo, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and
helping one another together with another unidentified person, armed with firearms of unknown caliber,
with deliberate intent and decided purpose to kill, with treachery, superior strength and evident
premeditation, did then and there, willfully, unlawfully and feloniously attack and shoot Thelma Subosa
with said firearms hitting the latter on the head, chest and other parts of her body which caused the
death of said Thelma Subosa immediately thereafter.
CONTRARY TO LAW.[2]
Upon arraignment,[3] the three accused pleaded not guilty. Trial on the merits ensued.
The victim, Thelma Subosa, was the mother of 14 children with her deceased husband, Primo Subosa.
Subsequently, she cohabited with her common-law husband Warlito Huesca and lived together with
some of her children in Brgy. Janipa-an, Oeste, New Lucena, Ilo-ilo. Thereafter, Warlito Huesca also
died.
In the early morning of June 14, 1993, a day after Warlito was buried, the victim, her children namely,
Ellyn, Roselyn, Evelyn, Manilyn, Leopoldo and Lilibeth, and Milagros Huesca, the younger sister of
Warlito Huesca, were awakened by the forcible opening of the door of their house. Four men entered the
house and declared a "hold up". The victim pleaded not to be harmed. Instead, accused Ronnie Abolidor
tied her mouth with a handkerchief to silence her. Then appellant Claudio Barcimo, Jr. shot the victim
several times causing her instantaneous death.[4]
Prosecution witnesses Ellyn and Roselyn identified Claudio Barcimo, Jr. and Ronnie Abolidor since they
slept on the same mat with the victim and a kerosene lamp was near the victim's head.[5] Both testified
that they knew Ronnie Abolidor because he was their neighbor for several years, and Claudio Barcimo,
Jr. because he was a friend of their deceased stepfather. Francisco Comoda was later identified by the
witnesses at the police station.[6]
Roselyn also testified that on June 12, 1993, at the burial of their stepfather, the victim told her that it
was Claudio Barcimo, Jr. @ "Noc-Noc" who killed Warlito Huesca.[7]
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For his part, appellant denied any participation in the killing of Thelma Subosa and claimed that he could
not have done it because he was a good friend of Warlito Huesca; that on June 13, 1993, at around 4:00
p.m., he was with Brgy. Capt. Buñol in a celebration at the house of Brgy. Capt. Gerardo Paniza at Brgy.
Dawis. He had dinner and watched game of mahjong; that at around 10:00 p.m., he went to sleep on the
sofa near the mahjong table; that the mahjong game lasted until 4:00 a.m. the following day; that he and
Capt. Buñol went back to New Lucena at about 6:00 a.m. of June 14, 1993; and on the next day, he left
for Manila for treatment of tuberculosis.[8]
After trial, the trial court convicted the three accused on January 31, 2000 in a decision, the dispositive
portion of which reads:
WHEREFORE, the prosecution having sufficiently established the guilt of all the three accused, namely,
Claudio Barcimo, Jr., alias Nocnoc, Ronilo Abolidor alias Ronnie and Francisco Comoda, beyond
reasonable doubt (Rule 133, Sec. 2, Revised Rules of Court) of the offense of Murder under Art. 248,
R.P.C. as alleged in the Information, this Court hereby renders judgment sentencing all the said accused
to suffer the penalty of imprisonment consisting of Reclusion Perpetua, with all the attendant accessory
penalties, to pay P100,000.00 as indemnity for death to the heirs of the late Thelma Sobusa, to pay the
sum of P16,000.00 as actual damages, and P30,000.00 by way of moral and exemplary damages and to
pay the costs.
SO ORDERED.[9]
Only Claudio Barcimo, Jr. appealed the decision raising the following assignment of errors:
D. THE TRIAL COURT ERRED IN NOT APPRECIATING THE VOLUNTARY SURRENDER OF THE
ACCUSED.[10]
Appellant Claudio Barcimo, Jr. contends that his identification by Ellyn and Roselyn as one of the
assailants is doubtful because when asked whether they know the assailants, they replied in the
negative.
By challenging his identification by the witnesses of the prosecution, as one of the assailants of the
victim, the appellant attacks the credibility of said witnesses and the probative weight of their testimonies.
However, when the issue of credibility of witnesses is in question, the findings of facts of the trial court,
its calibration of the testimonies of witnesses and its assessment of the probative weight thereof, as well
as its conclusions anchored on said findings are accorded by the appellate court high respect if not
conclusive effect, precisely because of the unique advantage of the trial court in observing and
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monitoring at close range the demeanor, deportment and conduct of the witnesses as they testify, unless
the trial court has overlooked, misconstrued or misinterpreted cogent facts of substance which if
considered might affect the result of the case.[11]
In the case at bar, there is no showing that the trial court overlooked, misunderstood, misapplied or
misconstrued any fact of substance that might materially affect the outcome of the case. The trial court
found the collective testimonies of the prosecution witnesses Ellyn and Roselyn to be:
...generally impressionable but their natural naivetá© and inexperience make them reliable witnesses.
Their statements are generally free from any bias or prejudice as to be slanted or malicious. It is
observed that the testimonies of Ellyn and Roselyn Sobusa are direct, straightforward and delivered
without any hesitancy whatsoever.[12]
The two prosecution witnesses, Ellyn and Roselyn Sobusa, positively identified appellant as the one who
shot the victim. Although the incident occurred during nighttime, the house of the victim was sufficiently
illuminated by the kerosene lamp placed near the head of the victim, which provided enough light for
purposes of identifying the killers.
Q. Can you recall in the morning of June 14, 1993 if there was any unusual incident that happened?
A. Yes, sir.
A. At around that time I was awakened by the sound of the opening of the door. I saw four (4) persons
entered our house and one them said, "This is a hold up." My mother then pleaded, "Do not kill me. Have
mercy."
A. There was a shot and I ducked. Then another shot was fired which I do not know anymore because I
lied with my face down.
A. Yes, sir.
Q. Who is he?
A. Nocnoc.
Q. How far is this Nocnoc when you said he shot your mother?
A. Very near.
Q. What was the position of your mother by the time she was shot by Nocnoc?
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Q. Miss witness, this incident happened at around 2:00 o'clock in the morning, why are you sure that
Ronnie Abolidor was one of the four persons who entered your house?
A. Because we have a kerosene lamp placed very near the head of my mother.
Q. At that time that she was shot by Nocnoc, how far is Nocnoc from the kerosene lamp?
A. He was standing.[13]
Considering the illumination from the kerosene lamp, and Ellyn's proximity to her mother and to the
appellant, she could have clearly seen and recognized the appellant when he shot the victim.
In People v. Prieto,[14] we ruled that the illumination provided by kerosene lamp or wicklamps, and
flashlights, moonlight or starlight may, in proper situations, be considered as sufficient illumination,
making the attack on the credibility of witnesses solely on that ground unmeritorious.
Moreover, Roselyn testified that she was familiar with the voice of the appellant as he was a friend of his
stepfather and she visited appellant's house several times.[15] The voice of a person is an acceptable
means of identification where it is established that the witness and the accused knew each other
personally and closely for a number of years. Once a person has gained familiarity with another,
identification becomes quite an easy task even from a considerable distance.[16] We also note that
appellant did not deny that Warlito Huesca was his good friend and that he visited their house many
times.[17]
The credibility of the prosecution witnesses Ellyn and Roselyn is not adversely affected by their failure to
immediately report the identities of the perpetrators to the responding authorities immediately after the
incident. Indubitably, fear stifled the witnesses from voicing their knowledge of the identities of the
perpetrators. There is no rule that a witness should immediately name the suspect in a crime.[18]
Nevertheless, the delay was not that long as when the police authorities investigated the witnesses in
the afternoon of June 14, 1993 at Brgy. Agutayan, Sta. Barbara, Iloilo, they named appellant and
accused Ronnie Abolidor as two of the perpetrators.[19]
To escape criminal liability, appellant invokes the defense of alibi and denial. He asserts that he could
not have done it considering that Warlito Huesca, the common-law husband of the victim, was his good
friend and at the time of the incident he was at Brgy. Dawis together with Brgy. Capt. Buñol in the house
of Brgy. Capt. Gerardo Pineza watching the game of majhong.
It is well settled that positive identification, where categorical and consistent and not attended by any
showing of ill motive on the part of the eyewitnesses testifying on the matter, prevails over alibi and
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denial which, if not substantiated by clear and convincing evidence, are negative and self-serving
evidence undeserving weight in law.[20] Hence, the defense of denial and alibi cannot prosper in the
light of the positive identification by eyewitnesses Ellyn Sobusa and Roselyn Sobusa that appellant was
the one who shot their mother.
We agree with the trial court's appreciation of the presence of qualifying circumstance of treachery.
There is treachery when the offender commits any of the crimes against persons, 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. It is settled that
there is treachery if the victim, when killed, was sleeping or had just awakened, because in such cases
the victim was in no position to put up any form of defense.[21]
In the case at bar, the victim had just awakened from sleep because of the forcible opening of their door.
When she was shot by appellant, she was lying down on the mat with a handkerchief tied around her
mouth. Obviously, in this position she can not defend herself from the aggression of the perpetrators.
The trial court did not err in disregarding the mitigating circumstance of voluntary surrender. To benefit
an accused, the following requisites must be proven, namely: (1) the offender has not actually been
arrested; (2) the offender surrendered himself to a person in authority; and (3) the surrender was
voluntary. A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit
himself unconditionally to the authorities, either because he acknowledges his guilt, or he wishes to save
them the trouble and expense necessarily incurred in his search and capture. Voluntary surrender
presupposes repentance.[22] In People v. Viernes,[23] we held that going to the police station to clear
one's name does not show any intent to surrender unconditionally to the authorities.
In the case at bar, appellant surrendered to the authorities after more than one year had lapsed since the
incident and in order to disclaim responsibility for the killing of the victim. This neither shows repentance
or acknowledgment of the crime nor intention to save the government the trouble and expense
necessarily incurred in his search and capture. Besides, at the time of his surrender, there was a
pending warrant of arrest against him.[24] Hence, he should not be credited with the mitigating
circumstance of voluntary surrender.
Appellant is guilty of Murder, qualified by treachery, for the killing of Thelma Sobusa. Article 248 of the
Revised Penal Code, as amended, imposes the penalty of reclusion perpetua to death for Murder. The
trial court was correct in imposing the penalty of reclusion perpetua, there being no aggravating or
mitigating circumstance, pursuant to Article 63, paragraph 2 of the Revised Penal Code.
The trial court awarded the amount of P100,000.00 as civil indemnity to the heirs of the victim. Said
amount must be reduced to P50,000.00, in line with prevailing jurisprudence.[25]
The award of actual damages must also be modified. While appellant admitted the amount of
P19,000.00 as actual damages,[26] the trial court only awarded the amount of P16,000.00.[27] Ordinarily,
receipts should support claims of actual damages, but where the amount claimed was admitted, it should
be granted.[28] Consequently, the heirs of the victim is entitled to be awarded the amount of
P19,0000.00 as actual damages.
The trial court likewise erred when it awarded the amount of P30,000.00 as moral and exemplary
damages without indicating what amount constitutes moral damages and exemplary damages. In murder
and homicide cases, the award of moral damages should be substantiated by evidence.[29] In the case
at bar, the prosecution failed to present proof of moral damages. Therefore, the same should be deleted.
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On the other hand, exemplary damages must be awarded in view of the attendance of treachery which
qualified the killing to Murder. Under Article 2230 of the Civil Code, exemplary damages as part of the
civil liability may be imposed when the crime was committed with one or more aggravating
circumstances. The term aggravating circumstances as used therein is to be understood in its broad or
generic sense since the law did not specify otherwise. The ordinary qualifying nature of an aggravating
circumstance is a distinction that should only be of consequence to the criminal, rather than to the civil
liability of the offender. Thus, the heirs of the victim are entitled to exemplary damages in the amount of
P25,000.00.[30]
WHEREFORE, in view of the foregoing, the decision of the Regional Trial Court of Iloilo City, Branch 31,
in Criminal Case No. 40948, insofar as it finds Claudio Barcimo, Jr. @ "Noc-noc" guilty beyond
reasonable doubt of the crime of murder and sentences him to suffer the penalty of reclusion perpetua is
AFFIRMED with the MODIFICATION that appellant is ORDERED to pay the heirs of Thelma Sobusa the
amounts of P50,000.00 as civil indemnity, P19,000.00 as actual damages and P25,000.00 as exemplary
damages. The award of moral damages is DELETED.
Costs de oficio.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Panganiban, Carpio, and Azcuna JJ., concur
[3] Accused Ronnie Abolidor and Francisco Comoda were arraigned on August 12, 1993, Records, p. 14;
and Appellant Claudio Barcimo on March 23, 1994, Records, p. 111.
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[15] TSN, April 26 1994, pp. 23-25, 35.
[18] People v. Lawa, G.R. Nos. 126147 & 143925-26, 28 January 2003.
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