G.R. No. 175980 - PEOPLE OF THE PHILIPPINES, VS. ADRIANO CABRILLAS, ACCUSED, BENNY CABTALAN.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly filed against Benny and Adriano and a warrant was issued for their arrest which was, however, returned unserved since they could no longer be located. It appears that on July 13, 1999, at around noontime, Benny and Adriano escaped by ferryboat to Catbalogan, Samar. [22] Two years later, or on July 31, 2001, Benny was arrested in Las Piñas City by virtue of an alias warrant of arrest. [23] Version of the Defense Benny testified that he was in his mothers house in the morning of July 11, 1999 until lunchtime. He then proceeded to the store of Susan in Barangay Laygayon and saw Adriano and a certain Manuel Cabigayan drinking tuba . He accepted their invitation to join in their drinking spree and stayed there until 6:00 p.m. Thereafter, he went home to Barangay Pilaon which was about three kilometers away. He reached his destination after walking for nearly an hour and no longer went out. He learned from his neighbors of the death of Jesus only the following day. [24] In the succeeding days, Benny went to Parañaque City after receiving a letter from his brother informing him of a job opportunity in the city as gardener. [25] Bennys mother, Gertrudes, testified that on July 11, 1999, she was in her farm in Barangay Laygayon, Pinabacdao, Samar, together with her husband and Adrianos mother, Pacita Ocenar. At around 9:00 p.m., Adriano arrived and confided to her that he attacked and injured a person in said barangay . The following day Adriano departed and was never seen again. [26] Ruling of the Regional Trial Court On August 29, 2002, the trial court rendered a Decision [27] convicting Benny of the crime of murder. Discarding minor inconsistencies, relationship, and delay in testifying in court, it gave more credence to the testimonies of the prosecutions two eyewitnesses since their positive declarations that Benny and Adriano stabbed the helpless Jesus were never refuted. Besides, the ad mortem statement of Jesus that the two stabbed him would serve to cleanse any doubt on their responsibility. [28] Also telling is the fact that Benny and Adriano immediately fled to Catbalogan, Samar after the incident. The trial court appreciated the presence of the qualifying circumstance of treachery since the attack upon Jesus who was unarmed and unsuspecting was without any warning. It also found the existence of the aggravating circumstance of abuse of superior strength as both Benny and Adriano held, subdued and attacked the 69-year-old defenseless Jesus. The trial court further held that conspiracy was evident since Benny and Adriano had common criminal intent and were united in its execution. [29] The dispositive portion of the trial courts Decision reads: WHEREFORE, the prosecution [having] clearly established the guilt of the accused, BENNY CABTALAN beyond reasonable doubt, he is found guilty of the crime of Murder, and is sentenced to suffer the penalty of Death by lethal injection, to pay the heirs of Jesus Cabujat the amount[s] of Ph