G.R. No. 110833 - PEOPLE OF THE PHILIPPINES, VS. DANILO LAYNO AND ROBERT LAYNO, ACCUSED-.

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding both accused, Danilo Layno @ Danny and Roberto (sic) Layno @ Boy GUILTY of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code. Said two (2) accused are hereby sentenced to reclusion perpetua or life imprisonment. They are also condemned to pay the heirs of their victim Rodolfo Gabuat the sum of P50,000.00 as indemnification for the loss of the said victims life and the additional sum of P34,000.00 representing expenses incurred in connection with the death and burial of the said victim. Both accused being detention prisoners are to be credited in full the period of detention they have already undergone in connection with this case if they (agreed) in writing that while under detention they can already be subjected to rules and regulations governing persons already serving sentence by virtue of final judgments. Otherwise, they shall be credited for 4/5 thereof only. Costs against both accused." The Issues In their appeal brief, appellants made the following assignment of errors: [7] "I. The lower court erred in convicting appellants on the basis of the prosecution evidence which, in view of material contradictions and inconsistencies, is inadequate to prove the guilt of appellants beyond reasonable doubt. II. The lower court erred in holding that there was conspiracy between appellant Danilo Layno and the other accused. III. Assuming appellants are guilty for the killing of Rodolfo Gabuat, the lower court erred in convicting them of murder instead only of homicide as the qualifying circumstances alleged in the amended information have not been established." The Courts Ruling First Issue: Credibility of Witness and Sufficiency of Prosecutions Evidence The accused-appellants contend that the evidence presented by the prosecution was inadequate to prove their guilt beyond reasonable doubt. This contention is based largely on their submission that the affidavit and testimony of Anna Marie Gabuat contained discrepancies which totally destroyed her credibility as a witness. These alleged discrepancies as stated by the defense are as follows: "1. In her testimony she stated that when she peeped through the door of her house after hearing voices outside, she saw `Boy Layno, Inag, Alex, Danny. In her sworn statement, she did not mention Danny or appellant Danilo Layno. "2. In her testimony, she stated that while her husband was going down the stairs, Boy Layno pulled him by the hands, causing him to fall face down to the ground. Thereupon, Inag hit her husband on the face with a gun, Alex stabbed him twice on the back with an icepick and Boy Layno shot him once on the back. While this was going on, appellant Danilo Layno was allegedly simply standing by holding a bladed weapon. In her sworn statement, she made no mention of the presence of appellant Danilo Layno during the alleged incident, much less of his holding a bladed weapon. "3. In her testimo