G.R. No. 133445 - PEOPLE OF THE PHILIPPINES, VS. DIONESIO SANTIAGO, JOHN DOE, RICHARD DOE, WILLIAM DOE, AND PETER DOE, ACCUSED. DIONESIO SANTIAGO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing facts and circumstances, for the death of Igmedio Carigay and Myrna Samsona, this Court finds Dionisio Santiago, GUILTY beyond reasonable doubt, for the crime of Double Murder and hereby sentences him to suffer the penalty of RECLUSION PERPETUA for the death of Igmedio Carigay, likewise for him to suffer another penalty of Reclusion Perpetua for the death of Myrna Samsona, and to indemnify the heirs of victims Igmedio Carigay and Myrna Samsona in the amount of FIFTY THOUSAND PESOS ( P 50,000.00), Philippine Currency for each victims. [6] Assignment of Errors Accused-appellant interposed an appeal contending that: THE LOWER COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF MURDER AS DEFINED AND PENALIZED UNDER ARTICLE 248 OF THE REVISED PENAL CODE AS AMENDED BY RA 7659. The Verdict of this Court Accused-appellant asserts that the prosecution failed to prove his guilt beyond reasonable doubt for the deaths of Igmedio and Myrna. He contends that the collective testimonies of Pepito and Manuel are incredible and hence, barren of probative weight. Accused-appellant argues that if indeed he was bent on killing Igmedio and Myrna, for sure, he should have worn a mask to conceal his identity. It was sheer foolhardiness that he did not. Accused-appellant further states that if Manuel met him and four other male persons, four of whom wore masks and all of whom were armed with knives and bolos, on his way to the house of Igmedio and Myrna, it is incredible that Manuel did not even try to prevent accused-appellant and his companions from going to the house of the victims and avert any physical harm to them. Equally barren of probative weight, accused-appellant insists, is the testimony of Bien that at a distance of 20 meters, he could hear Myrna pleading for mercy and accused-appellant threatening to kill the couple. Accused-appellant avers that he cannot be convicted of murder for the death of Myrna in view of the failure of the prosecution to present an eyewitness to the crime. He insists that it was impossible for Bien to have recognized the voice of accused-appellant because Bien was 20 meters away from the house of Igmedio. Even if Myrna and accused-appellant were shouting, the voice of accused-appellant would be different from his ordinary voice. In any event, accused-appellant contends, the prosecution failed to prove that he abused his superior strength in killing Igmedio and that he killed Myrna with treachery. The contention of accused-appellant does not persuade the Court. At the heart of accused-appellants submission is the credibility of Pepito, Manuel and Bien and the probative weight of their collective testimonies. In this case, the trial court gave credence and full probative weight to the collective testimonies of Pepito, Bien and Manuel, The Court has consistently held that the findings of facts of the trial court, its calibration of the collective testimonies of witnesses