G.R. No. L-30124 - People of the Philippines vs. Rafael Estocada, et al.
Manila
SECOND DIVISION
G.R. No. L-30124 February 28, 1977
THE PEOPLE OF THE PHILIPPINES,plaintiff-appellee,
vs.
RAFAEL ESTOCADA alias "BOY ESTOCADA", ANTONIO ESTOCADA, LUDOVICO ESTOCADA alias "LODING", ROQUE ESTOCADA, ALADINO ESTOCADA, alias "DINDIN", FELICITO TOLENTINO, alias "JUNIOR TOLENTINO" and FERNANDO LATA,accused-appellants.
Tomas M. Aquino for appellants Rafael Estocada and Aladino Estocada.
Ramon A. Gonzales (Counsel de oficio for appellants Ludovico Estocada ', Roque Estocada and Felicito Tolentino.
Manuel M. Paredes (Counsel de Oficio) for appellant Fernando Lata.
Solicitor General Estelito P. Mendoza, Assistant Solicitor General Alicia V Sempio-Diy and Solicitor Amado D. Aquino for appellee.
CONCEPCION JR.,J:
Appeal from the decision of the Court of First instance of Capiz, Branch 111, Mambusao, Capiz in Criminal Case No. 467, the dispositive portion of which reads as follow:
WHEREFORE, the Court sentences the accused Rafael Estocada alias Boy Estocada, Antonio Estocada, Ludovico Estocada alias Loding Roque Estocada, Felicito Tolentino, Jr. and Fernando Lata, each to suffer the penalty of life imprisonment (cadena perpetua), notwithstanding the mitigating circumstance of voluntary surrender in favor of each of the accused Rafael Estocada and Antonio Estocada, which is offset by one of the aggravating circumstances, alleged and proven, to indemnify jointly and severally the heirs of the victim Dante Tupaz, in the amount of P12,000.00, but without subsidiary imprisonment in case of insolvency and to pay the coats.
And as to the accused Aladino Estocada alias Dindin who is over nine (9) but under fifteen (15) years of age but who, by the nature of his participation, reveals that he had acted with discernment, he is hereby ordered to be confined to the Welfareville Boy's Reformatory, Mandaluyong, Rizal, pursuant to the provisions of Article 80 of the Revised Penal Code.
During the pendency of the appeal, the appellants Felicito Tolentino, Aladino Estocada, and Antonio Estocada withdrew their appeal,
The evidence for the prosecution shows that during his lifetime the deceased Dante Tupaz was the partner of Macario Luching in the gambling business called "tombo-an" or "cara y cruz.
Sometime on April 4, 1968, during the barrio fiesta of Jagnaya, Jamindon Capiz, Macario Luching put up his tombo-an in a place where many people played the game, among whom was appellant Rafael Estocada. During the game, the other players discovered that Rafael Estocada put up a "doblon" or double faced coin, as a result of which, the game was stopped. When the deceased Dante Tupaz arrived at about 5:00 o'clock in the afternoon, Macario Luching reported the matter to him; whereupon the deceased admonished Rafael Estocada not to put up a double faced coin ever, which admonition the latter resented, and because of which he told the deceased "There will be a day for you that will pay your indebtedness.
In the morning of Holy Thursday, April 11, 1968, Macario Luching again brought his tombo-an to the door of the public market of Mambusao, Capiz. Many people joined and played the game. Among them were the accused Rafael Estocada, Wenceslao Mesias, Bello Potato, Roque Vito, and Ticoy Potato. In the course of the game, the other players discovered that Rafael Estocada had again put up a doblon or double faced coin. Because of this, the other players stopped playing the game.
Thereafter, Macario Luching left the place and went to the house of the deceased Dante Tupaz and reported to the latter what had happened. The deceased advised Macario Luching to continue the game but not to allow the accused Rafael Estocada to play.
Meanwhile, on the same day, April 11, 1968, at about noontime, Ernesto Bogo, a resident of Bo. Malocloc Ivisan, Capiz, arrived in Mambusao, Capiz "to collect something from Macario Luching." After alighting from the jeep in front of the public market, he saw and heard the accused Rafael Estocada telling his son, Aladino Estocada, "to go to Kapul-an and tell them that he (Rafael) has an enemy." After Aladino Estocada had left — riding on a tricycle — Bogo inquired from Rafael Estocada if the latter had seen Macario Luching, which query the latter answered in the negative.
Thereafter, Bogo left and went to look for Macario Luching. An hour later, he again saw Rafael Estocada who invited him to take lunch in his house, which invitation Bogo accepted. Upon arriving thereat, Bogo saw the brothers of Rafael, namely, Antonio Estocada and appellant Roque Estocada. Later, Rafael Estocada requested Bogo to fetch the deceased for a drinking spree at Rafael's house. So, Bogo went to the house of the deceased and relayed the invitation through the latter's wife, after which Bogo returned to Rafael Estocadas house.
Ernesto Bogo, who was at the balcony of the house of Rafael Estocada,
On the other hand, appellant Rafael Estocada claims that he and he alone inflicted all the wounds which caused the death of the deceased but claims he did so in self-defense. According to him, on April 11, 1968 at about 8:30 a.m. he was in the public market of Mambusao, Capiz, and played "tombo" or cara Cruz, which was then operated by the deceased and Macario Luching. About twelve noon, the game was stopped because of a quarrel between Felicito Tolentino, Jr. and four unidentified persons who suspected the former of having used a doblon or double faced coin.
When the deceased arrived, he confronted Felicito Tolentino, Jr. as to why he was. cheating. The latter answered: "Toto Dante, I did not make any trouble to which the deceased retorted, "Look at this now, you see, no more persons playing because you are abusing. I am going to stab you. Womb of your mother."
When the deceased attempted to draw his knife to stab Felicito Tolentino, Jr., Rafael Estocada rushed to the deceased and wrested the knife from him, and in the scuffle the deceased suffered an injury on his palm. then the deceased ran to the house of Ticoy Potato, got a bolo and ran after Rafael. While being pursued, he looked back and said, "Toto Dante, I have no fault." At this juncture, Judge Federico Andaya, who was at the balcony of his house, fired his gun in the air as a warning to the deceased to desist from further aggression. It was only then that he did.
Upon reaching his house, Rafael saw his wife, his children, and Felicito Tolentino, Jr. His wife then inquired from him what was the trouble between him and the deceased, and he answered that even if the latter boxed him he did not mind it because the deceased was drunk. At this juncture, his brother, Antonio Estocada and his sister, Consolacion Estocada, arrived. Thereafter someone shouted "You hide because Dante is here." He went inside the house, and then he heard a shot from a 22 caliber revolver, after which his sister, Consolacion shouted, "Help, Manong Tonio is dead. He was shot by Dante Tupaz." After hearing another shot, he pushed his wife and children aside, and got a bolo. When he opened the door, he saw his brother, Antonio Estocada, lying flat with face downward on the floor. Thereupon he got his brother's bolo, unsheated it and ran after the deceased, who fired at him but missed. Then he hacked the deceased but instead hit somebody who passed by. The deceased again fired at him, but he (Rafael) continued to hack the deceased, hitting him on the leg, on the stomach, and on the left side of the neck. The deceased then staggered near the well and fell down. While lying flat with his face upward, Rafael again hacked the deceased and it was only then that the latter dropped his gun to the ground. Thereafter, Rafael picked up the gun and went to his house where he saw his sister Consolacion Estocada holding in her arms their brother Antonio Estocada. He gave to Antonio the gun of the deceased, and his (Rafael's) own bolo, Then he went to the municipal building to surrender.
For his defense, the accused Fernando Lata testified that at about 1:00 o'clock in the afternoon of April 11, 1968, he left his house in order to go to the plaza to refresh himself, riding on his bicycle. Along the way, he stopped in front of the house of appellant Rafael Estocada because there were many children gathered thereat. Moments later, Lata heard somebody shout, "Hide, all of you." So, he pushed some of the children to the other side of the road, after which he heard an explosion. When he looked back, he saw the deceased Dante Tupaz point his gun at Antonio Estocada and shoot him, hitting the latter on the breast. At this point, Consolacion Estocada placed herself between Antonio and the deceased, at the same time shouting, "Manong Dante, please don't. Have pity Thereafter, Lata ran to the deceased to pacify him, and to prevent Consolacion from being shot by the deceased, he held the latter's arms from behind, and turned him to the left side. In that position Lata was hacked on the left side of his neck. He staggered from the place wounded and was brought to the Mambusao General Hospital,
Appellant Roque Estocada did not take the witness stand to testify in his own defense.ℒαwρhi৷
The trial court rejected the version of the accused and convicted them of murder. Hence, this appeal.
Appellant Rafael Estocada maintains that he alone is responsible for the wounds inflicted on the deceased, but that he did it in self-defense.
We find these contentions to be untenable. As aptly observed by the trial court, appellant's version of the incident is infirmed by the following circumstances: firstly, the autopsy report
Besides, appellant's claim of self-defense is belied and negated by the number of wounds on the body of the deceased and their location as shown in the autopsy report.
Furthermore, his contention that the testimony of the principal prosecution witnesses, namely, Ernesto Bogo, Macario Luching, and Tiburcio Kapunan, are false and rehearsed because they are Identical in every detail,
On the other hand, appellant Roque Estocada, who did not testify in his behalf during the trial, maintains that he was not present during the fight, thus setting up the defense of alibi. In SUPPORT thereof, he claims that Aladino Estocada did not inform him of the alleged incident in the public market of Mambusao, Capiz. Neither could he have known anything about it since he lived in Kapul-an, Mambusao, Capiz.
We find no merit in appellant's contention. Kapul-an is asitioless than 1/2 kilometer from the poblacion of Mambusao where the incident in question took place;
Besides, "the rule is well-settled, to the point of being trite that the defense of alibi, which is easy to concoct, must be received with utmost caution, for it is one of the weakest defenses that can be resorted to by an accused and becomes worthless in the face of positive Identification by prosecution witnesses pointing to the accused as parteceps criminis.
Appellant Roque Estocada, likewise, assails the credibility of prosecution witness Tiburcio Kapunan and Ernesto Bogo, contending that their testimonies are inconsistent as to who hacked first the deceased, pointing out that while the former testified that the deceased was right away boloed by Roque Estocada, Ludovico, and Aladino Estocada, the latter declared that Ludovico Estocada boloed the deceased followed by Roque Estocada.
Nor do We find merit in the appellant's claim that the failure of the two prosecution witnesses to state what particular parts of the body of the deceased were hit by Ludovico Estocada and the herein appellant, negates their alleged presence at the place of the stabbing incident.
Moreover, the appellant Roque Estocadas imputation of bias to prosecution witness Tiburcio Kapunan and Macario Luching because the former is the nephew of Mauricio Tupaz, father of the deceased,
There is, likewise, no merit in appellant Roque Estocadas insistence that the testimony of the two prosecution witnesses should be discredited because they did not notify or inform the wife or father of the deceased of the stabbing incident immediately thereafter, and that Macario Luching despite his friendship to the deceased did not volunteer to be a witness to the case.
As to the appeal of appellant Fernando Lata, We are not impressed by his pretense that he was a mere bystander at the time of the incident and that his only purpose in holding the hands of the deceased from behind was merely to prevent the latter from shooting Consolacion Estocada, thus interposing the justifying circumstance of having allegedly acted in defense of a stranger.
The findings and conclusions of the trial court on the credibility of the witnesses are not be disturbed on appeal, unless there is proof that said court, in making the findings, had failed to appreciate some fact or circumstance of weight and substance that would have altered the results of the case. In the case before Us, appellants failed in the exercise of the task. It results that their guilt had been established beyond reasonable doubt.
WHEREFORE,the judgment as to appellants Rafael Estocada, Roque Estocada, and Fernando Lata is hereby affirmed, with costs.
Fernando, (Chairman), Barredo, and Antonio, JJ., concur.
Footnotes
Considering the Special Report of Mrs. Constancia G. Bolinao, Officer-in-Charge, National Training School for Boys stating that the accused Aladino Estocada who was committed to their custody, being then a minor below 15 years of age, is now 21 years old and fully rehabilitated with recommendation that the case against him be dismissed and that he be discharged from the aforesaid school and turned over to the custody of his mother, Mrs. Estrella Estocada, as well as the comment of the Solicitor General stating that he has no objection to the release of said accused as he in fact recommended in the plaintiff-appellee's brief, the acquittal of said accused on the ground of reasonable doubt as to his guilt, the Court Resolved to DISMISS the case in so far as the accused Aladino Estocada is concerned and to ORDER his immediate RELEASE from the National Training School for Boys, to the custody of his mother." (p. 909, Rollo.)
1. Wound No. 1, external from the nape downward to the chin cutting the part of the ear lobe the wound is about 9 inches long and deep to cut the major vessels of the neck. And just 2 inches below wound No. 1 another incised wound, at the right side of the base of the neck. That is about 4-1/2 inches long. It involves skin and subcutaneous tissues only.
2. Stabbed wound, from the dome of the skull down the front of the right ear, about 6 inches long. It fractured the skull, from the dome of the skull is another wound that extends down the forehead that is about 4-1/2 inches in length.
3. Stabbed wound, that extends from the right base of the neck to the shoulder is about 4 inches in length involving skin and muscles
4. Stabbed wound, penetrating 1-1/2 inches below and to the left of the umbalicus
5. Stabbed wound, penetrating chest left at the level of the fifth interspace and l inch in front at mid-auxiliary
6. Stabbed wound, left side of the neck 1-1/2 inches below the ear about 5 inches in length. It involves only subcutaneous tissues and muscles.
7. Stabbed wound, at the right thigh involving skin and subcutaneous tissues and muscles.
8. At the lateral side of left elbow are the two (2) superficial incised wounds are almost parallel to each other, and about I inch in length.
9. Stabbed wound, at the sacral region in a 6 inches horizontal wood that cuts into the bone.
10. At the lateral side of the left foot in a penetrating wound from which extracted a piece of wood that is about 2 inches in length, but a quarter of an inch in diameter."
Separate Opinions
AQUINO,J.,concurring:
I concur. The penalty should be denominatedreclusion perpetua,notcadena perpetua.