SC upholds conviction of 2 men for murder

CEBU, Philippines - The Supreme Court of the Philippines affirmed the conviction of two men for killing a 57-year old man in Barangay Mayana, Barili, Cebu, right after watching a cockfight during a fiesta celebration in the adjacent barangay 16 years ago.

In his 15-page decision, Associate Justice Jose Portugal Perez found no evidence to reverse the ruling of the lower courts convicting accused-appellants Benjamin Peteluna and Abundio Binondo for the crime of murder.

“We have time and again declared that the essence of treachery is a deliberate and sudden attack affording the hapless, unarmed and unsuspecting victim no chance to exist or to escape, and that it may still exist even if the attack is frontal so long as the same is sudden and unexpected,” the decision reads.

Perez likewise, affirmed the penalty of imprisonment imposed against Peteluna and Binondo 20 to 40 years.

For the civil liability, Perez directed accused-appellants to pay the heirs of the victim Pablo Estomo, P50,000 as civil indemnity; P50,000 as moral damages; P30,000 as exemplary damages and interest on all damages at the rate of six percent per year from the finality of judgment until fully paid.

On June 11, 1996, accused-appellants were charged with murder and pleaded not guilty during their scheduled arraignment.

Based on the account of the prosecution, Romeo Pialago said on April 30, 1996 he was with the victim watching a cockfight and while on their way home at about 5:00 p.m., the appellants followed them.

He said he saw the appellants’ place their arms on the victims shoulder and struck the latter’s head with big stones. He added the victim pleaded to the appellants but unheeded.

“When Pablo fell to the ground, Benjamin smashed his head with a stone as big as Pablo’s head,” he said.

Pialago said the victim was dragged downhill and he didn’t know what happened next after he ran to seek help.

Minutes after, he said he was accompanied by the barangay captains of Mayana and Bagacay but they could not find the victim. They went to the house of Binondo but the latter was not there. They then went to the house of Peteluna, the latter accompanied them to the farm and there found the body of the victim.

The autopsy revealed that the victim died due to “cerebral hemorrhage due to laceration and contusion of the head.”

For the defense, Peteluna denied the charges. He admitted being in the hilly portion but denied any participation in the crime. He said while on his way home, he saw Binondo and the victim exchanging punches and that he didn’t know what happened next.

The following day, he said he was surprised when he was arrested by the police as one of the perpetrators.

Binondo denied the charges saying he was in the farm and didn’t know about the killing.

The trial court then convicted the two and sentenced them to suffer the penalty of 20 to 40 years imprisonment. The said ruling was affirmed by the Court of Appeals.

The appellants raised the conviction before the Supreme Court and questioned the said ruling. The appellants argued “that the crime committed was only homicide because of the absence of the circumstances of treachery and evident premeditation.”

Perez said based on the evidence of the prosecution and the testimony of Pialago, it was established that there was sufficient evidence to prove the guilt of the appellants.

“In this case, Romeo positively identified the appellants, whom he both knew since he was a child, thereby rendering the defenses of alibi and denial weak,” the decision reads.

Perez added the testimony of Pialago prevailed over the denial of the appellants when the latter said the appellants placed their arms on the victim’s shoulder then hit him with a stone. Pialago said the victim cannot run because he was too old.  (FREEMAN)