G.R. No. 131117 - PEOPLE OF THE PHILIPPINES, VS. NELSON CARIÑO, DOMINGO BANHAON, LUIS CORCOLON, ROGELIO “BOY” CORCOLON, JOSELITO “LITO” CALONG-CALONG AND “BOY PANSIT,” ACCUSED,DOMINGO BANHAON, LUIS CORCOLON, ROGELIO “BOY” CORCOLON, AND JOSELITO “LITO” CALONG-CALONG.D E C I S I O N - Supreme Court E-

Ruling

WHEREFORE, foregoing considered, the Court finds accused LUIS CORCOLON, ROGELIO BOY CORCOLON, LITO CALONG-CALONG, and DOMINGO BANHAON, GUILTY, beyond reasonable doubt of the crime of Murder under Article 248 of the Revised Penal Code, qualified by treachery and there being no mitigating or aggravating circumstances present in the commission of the crime, hereby sentences, said accused to suffer a penalty of reclusion perpetua, and the accused jointly and severally to indemnify the heirs of the deceased in the amount of P50,000.00, to pay moral damages of P20,000.00, exemplary damages of P10,000.00 and to pay the costs. [22] The trial court declared that the prosecution was able to prove and establish the crime charged and that the appellants were guilty thereof. It found Edwin Botero and Valentin Velecinas positive identification of the victims assailants credible and entitled to full probative weight, as against the denial and alibi of the appellants. It held that the initial reluctance of the aforesaid witnesses to testify against the appellants did not militate nor diminish their credibility, especially considering the perilous situation they were in. Further, Valentin Velecina had no reason to implicate his barriomates, appellants Banhaon and Calong-Calong. The court found that the appellants conspired with one another in killing the victim, and that they committed the crime with treachery and abuse of superior strength. The Present Appeal The appellants now come to this Court to appeal the trial courts decision. The appellant Calong-Calong assails the decision of the trial court contending as follows: THAT THE HONORABLE COURT A QUO COMMITTED SERIOUS ERRORS IN LAW AND/OR MISAPPREHENSION OF FACTS WHEN IT FOUND THE ACCUSED-APPELLANT JOSELITO CALONG-CALONG GUILTY OF THE CRIME OF MURDER DESPITE THE PRESENCE OF REASONABLE DOUBT AND/OR INSUFFICIENCY OF EVIDENCE AS AGAINST HIM THE ALLEGED PRESENCE OF CONSPIRACY NOT HAVING BEEN DULY PROVEN BY THE PROSECUTIONS EVIDENCE [23] Appellant Calong-Calong asserts that the trial court committed serious errors in law when it found him guilty beyond reasonable doubt of murder, considering that the evidence presented against him was insufficient, especially as witnesses Edwin Botero and Valentin Velecina failed to identify him. He stressed that witness Valentin Velecina was ill-motivated in implicating him in the murder charge. He furthered that only one kind of weapon caused the wounds that led to the death of Ruben Velecina. [24] The appellants, Corcolon Brothers, for their part, contend that: THE REGIONAL TRIAL COURT IN PASIG CITY (BRANCH 160) HAS ERRED IN NOT ABSOLVING AND FREEING ACCUSED-APPELLANTS LUIS CORCOLON AND ROGELIO CORCOLON OF THE SERIOUS CRIME OF MURDER DUE TO THE PRESENCE OF REASONABLE DOUBT IN THEIR FAVOR. They point out that the RTC erred in finding them guilty beyond reasonable doubt of the crime of murder, when the prosecution was not able to prove that they were involved in the afores