G.R. No. 87085 February 2, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
MANOLITO TOLENTINO @ "BONG", CARLITO TALA @ "BOY", RODOLFO MATAWARAN and @ JOHN DOE, accused-appellants.
The Solicitor General for plaintiff-appellee.
Public Attorney's Office for accused-appellants.
NOCON, J.:
This is an appeal by accused Carlito Tala alias "Boy" from the decision 1
 dated September 7, 1988 of the Regional Trial Court of Guagua, 
Pampanga, Third Judicial Region, Branch 51 in Criminal Case No. G-1627, 
the pertinent portion of which reads:
Finding
 that the evidence has reached a degree of moral certainty that all the 
elements of the crime of robbery with homicide were adequately proven 
the three accused Tolentino, Matawaran and Tala should be found guilty 
of the crime charged. The Court also finds that the prosecution has 
proven actual damages in the amount of P60,000.00 as hospital and 
medical expenses and P30,000.00 as funeral expenses or a total of 
P90,000.00. Also proven is the claim of moral damages which the Court 
assess at P40,000.00 for the death of the three children.
WHEREFORE, premises considered, the Court finds the 
accused Manolito Tolentino alias "Bong", Carlito Tala alias "Boy" and 
Rodolfo Matawaran guilty beyond reasonable doubt as co-principals by 
direct participation of the crime of Robbery with Multiple Homicide and 
Serious Physical Injuries as charged in the Amended Information, with 
the attendance of the aggravating circumstances of nighttime, dwelling, 
abuse of superior strength and there were more than one victim, without 
modifying circumstance with respect to accused Carlito Tala alias "Boy" 
and Rodolfo Matawaran to offset the same, but with mitigating 
circumstance of voluntary plea of guilty with respect to Manolito 
Tolentino, and hereby sentences each of said accused to suffer the 
penalty of RECLUSION PERPETUA, with the accessory penalties of 
the law, and ordering each of them to indemnify solidarily the heirs of 
the deceased Enrique Lingad, Geraldine Lingad and Glenly Lingad in the 
sum of P30,000.00 for each victim by reason of their death and the 
further sum of P90,000.00 for actual damages, plus the amount of 
P4,000.00 by way of restitution of the unrecovered cash amount stolen 
from the spouses Domingo Lingad, Jr. and Adelaida Lingad and the 
additional amount of P40,000.00 for moral damages incurred by the 
offended couple for the death of their three (3) children, without 
subsidiary imprisonment in case of insolvency, and to pay the 
proportionate share of the costs.
The scythe (Exhibit "KK") used in the commission of the crime charged is hereby confiscated in favor of the state. 2
On 
January 24, 1984, accused-appellant Carlito Tala alias "Boy" together 
with Manolito Tolentino alias "Bong", Rodolfo Matawaran and one John Doe
 were charged for the crime of ROBBERY WITH MULTIPLE HOMICIDE AND 
SERIOUS PHYSICAL INJURIES in an Amended Information committed as 
follows:
That
 on or about the 8th of November, 1983, in the municipality of Lubao, 
province of Pampanga, Philippines, and within the jurisdiction of this 
Honorable Court, the above-named accused MANOLITO TOLENTINO alias 
"Bong", CARLITO TALA alias "Boy", RODOLFO MATAWARAN and alias JOHN DOE, 
conspiring and confederating together and helping one another with grave
 abuse of confidence, nighttime purposely sought to facilitate the 
commission of the offense, did then and there wilfully, unlawfully and 
feloniously, with intent of gain and without the knowledge and consent 
of the owner and by the use of force upon things, to wit: by forcibly 
breaking a wooden window grill of the comfort room to effect entrance 
into the said house and once inside, did then and there take, steal and 
carry away with them cash money amounting to FOUR THOUSAND (P4,000.00) 
PESOS, Philippines currency, belonging to Domingo Lingad Jr., to the 
damage and prejudice of said owner in the total amount of P4,000.00; 
that on the occasion of the said robbery and for the purpose of enabling
 them to take, steal and carry away the amount above-mentioned, herein 
accused in pursuance of their conspiracy, did then and there wilfully, 
unlawfully and feloniously and with evident premeditation and taking 
advantage of their superior in number and strength and with deliberate 
intent to kill, armed with a scythe, treacherously attack, assault and 
stab GLENLY LINGAD, 10 years of age, ENRIQUE LINGAD, 8 years of age, IRENE LINGAD, 11 years of age, inflicting upon them serious and fatal injuries which directly caused the death of Glenly Lingad, Enrique Lingad and Irene Lingad and
 likewise causing Serious Physical Injuries upon GRACE PAULE, 13 years 
of age, which injuries have required and will require medical attendance
 for a period of more than thirty (30) days and will incapacitate said 
Grace Paule from performing her customary labor for the same period of 
time. 3
Upon
 arraignment, accused Tala, Tolentino and Matawaran pleaded "Not Guilty"
 while their co-accused named only John Doe in the Ameded Information 
was never identified by the prosecution nor arrested. However, during 
the initial hearing of this case, accused Manolito Tolentino change his 
plea from "Not Guilty" to "Guilty" in open court. 4
The facts as found by the trial court are as follows:
At around 7 p.m. of November 7, 1983, Adelaida Lingad
 left her niece, Grace Paule and her three (3) children namely: 
Geraldine (Irene), Glenly and Enrique, all minors, at home to attend the
 wake of her uncle in a house 200 meters away from her place. The 
children were the only ones left at home. Her husband was then working 
abroad. At that time, Adelaida had P4,000.00 in cash which was wrapped 
in newspaper and kept hidden under her bed. Before leaving the house, 
Adelaida instructed the kids to go to bed.
At around 1
 p.m. or 2 p.m. of November 8, 1983, accused Tala, Tolentino, Matawaran 
and an unknown person whose face was covered entered the house of 
Adelaida Lingad by forcibly breaking the window grill of the comfort 
room and demanded to know from the children where their mother hid her 
money. Grace Paule knew Manolito Tolentino because he is both an uncle 
and a barriomate. She also knew Carlito Tala who is a relative of her 
mother and Rodolfo Matawaran who is a "barkada" of Carlito. She 
recognized all the accused for the lights were on. 5
 When the man whose face was covered threatened to stab the kids, 
Geraldine got so frighten that she revealed to the accused where her 
mother hid the money.
After Tolentino took the P4,000.00, he stabbed Grace 
Paule with a scythe while the other three (3) accused held the three (3)
 other children who were then stabbed one after the other by Tolentino. 
During the stabbing incident, Grace Paule lost consciousness but was 
able to regain it back after about five (5) minutes and shouted for 
help. Her mother and grandmother, who lived nearby, heard her and 
immediately proceeded to said house but the four (4) accused had already
 left.
When 
accused Tolentino's brother informed Adelaida about the stabbing 
incident that took place in her house, Adelaida immediately rushed to 
her house and saw all the children with stab wounds. Glenly was lying on
 the bed already dead while her bloodied niece Grace was sitting down 
near the door looking pale and holding her heart. Upon reaching 
Geraldine, who was lying at the porch, she asked her the identities of 
the person responsible for stabbing them with the latter answering 
"Bong-Bong" and also mentioning the names of Tala and Matawaran. 6 However, when she asked her son Enique the later was not able to answer but merely made a sign with his three (3) fingers. 7 Thereafter, Adelaida lost consciousness and was brought to the house of her mother.
Upon reporting said incident to the authorities, 
Adelaida together with three (3) policemen went back to her house and 
investigation was conducted where it was discovered that the accused 
entered into the house by destroying the middle portion of the wooden 
bars of the comfort room.
Meanwhile, the children were brought to the Central 
Luzon General Hospital where Glenly was pronounced dead on arrival and 
Enrique eventually died after undergoing an unsuccessful surgery. 
Geraldine who was operated twice at the Makabali Hospital also succumbed
 to her untimely death.
Grace Paule was the only surviving victim of this 
horrible and harrowing experience and testified that she was awaken by 
the four (4) accused who entered the house of her aunt in the early 
morning of November 8, 1983 and subsequently stabbed her and her three 
(3) cousins. She positively identified the three (3) accused because 
accused Manolito Tolentino is her uncle as well as her barriomate and 
accused-appellant Carlito Tala is a relative of her mother while accused
 Rodolfo Matawaran is the "barkada" of accused-appellant Tala.
On the otherhand, accused-appellant Tala denied 
having been in the house of Adelaida Lingad on that fateful morning and 
maintained that at around 11 p.m. of November 7, 1983, he and accused 
Matawaran were delivering watermelons at Saging, Dinalupihan, Bataan. 
Thereafter, they went to Samal to return the trailer where the 
watermelons were loaded and proceeded to his house in Lourdes, Lubao, 
Pampanga. On their way home, they passed the house of Adelaida Lingad 
and noticed nothing unusual. They arrived at his house at around 3 a.m. 
of November 8, 1983 and slept there.
In rejecting the defense of alibi, the trial court correctly stated as follows:
Inasmuch
 as the two accused, Tala and Matawaran, were riding in a jeep and the 
scene of occurence is only a 30 minutes drive from their place of 
destination, which is Dinalupihan, Bataan, it is [still] possible for 
them to reach their alleged destination and come back to Lourdes, Lubao,
 Pampanga in time to participate in the commission of the offense. Their
 painful and laborious effort to extend the period of time especially 
the three hours to load the watermelons is pitiful in its incredibility.
 The indubitable fact remains that despite all allegations alleging 
alibi the accused Tala and Matawaran slept in Lourdes, Lubao and were in
 fact apprehended there.
It must be noted that the alibi in order to be given 
full faith and credit must be clearly established and must not leave any
 room for doubt as to its plausibility and verity.
In order that alibi as a defense may prosper, the 
evidence to support it must be clear and convincing as to preclude the 
possibility of the accused's presence at the scene of the crime while 
the evidence as to his identification must be weak and insufficient.
Foremost and above all, it is essential that the 
defense of alibi cannot prevail over the positive testimony of a witness
 who clearly identified them as two of the cohorts of Manolito 
Tolentino.
It
 is clear that in this case that the accused Tala and Matawaran failed 
to establish the credibility of their defense of alibi, first, as the 
facts narrated by them were not clear and convincing, second, there 
exist a wide room for doubt as to the plausity and verity of their 
testimonies, and finally, their defense of alibi is belied by the 
positive identification made by Grace Paule. 8
Resolving
 the arguments of accused-appellant Tala that no probative value should 
be given to the extrajudicial statement of Grace Paule taken by Fiscal 
Abiog while she was still staying at the Makabili Hospital, since his 
name and that of accused Matawaran were not mentioned by her as the 
unnamed companion of accused Tolentino, thereby indicating that the 
witness really had no inkling as to his participation in said crime 
until Mang Medrano supplied her their names, does not convince Us of the
 want of probative value of said statement of Grace Paule.
True that 
Grace failed to mention the names of accused-appellant Tala and accused 
Matawaran in her extrajudicial statement, but considering the fact that 
at the time her statement was taken she was then groggy and delirious 
from the stab wound she sustained but was nevertheless, able to 
positively identify accused-appellant on the witness stand as one of the
 persons who stabbed her and the children. We find Grace's testimony 
credible. There is no evidence on record to show why said witness would 
falsely implicate the accused-appellant Tala who is a relative of her 
mother unless it is the truth. There being no improper motive on her 
part to point to accused-appellant as one of the perpetrators of the 
crime charged, Grace's testimony is entitled to full faith and credit. 9
 Moreover, her testimony was corroborated by prosecution witness 
Adelaida Lingad when the latter testified that her deceased daughter 
Geraldine mentioned the names of the accused-appellant Tala and accused 
Matawaran as the persons who stabbed her before she died. 10
As to 
accused-appellant's contention that the statement of Geraldine, naming 
her assailant soon after she was stabbed is inadmissible as part of res gestae,
 We find said contention fallacious. The testimony of Adelaida Lingad, 
as mother of the victims belied the accused-appellant's allegation:
Fiscal Abiog:
 May I make it of record that all these three accused were properly or positively identified by the witness.
  Now, Mrs. Witness, when we initially hear this 
case, you testified that you asked Geraldine who was then at the porch, 
you asked her as to who stabbed or caused those stabbed wounds and you 
testified that she told you she was stabbed by a certain Bong-Bong. Now,
 in the courtroom, you pointed out to a certain person which you 
recognized or you know to be Manolito Tolentino, do you know the 
nickname of that Manolito Tolentino who is residing in your barrio?
A Yes, sir.
Q What is the nickname of that Manolito Tolentino?
A Bong-Bong, sir.
Q And you also mentioned that before you asked 
Geraldine as to who accused those stabbed wounds, Geraldine made a sign 
with her three fingers, did you not ask her what she meant with that 
sign with her three fingers?
Atty. Sampang:
 The question was already answered during the 
previous trial as appearing on page 26 of the transcript of stenographic
 notes dated February 22, 1984.
Fiscal Abiog:
 Alright, I will withdraw that question.
Court:
 Next question.
Fiscal Abiog:
Q Now, according to you when you rushed home because 
you were called by the brother of Manolito Tolentino informing you that 
your children whom you left at home were stabbed and when you arrived 
home, you reached Glenly already dead, and then Geraldine on the porch 
wounded, and Enrique on the sala, also wounded, and Grace Paule near the
 door, will you please tell us what happened to you when you saw or 
witnessed this incident when you observed your children and you niece in
 this condition?
A I asked my youngest child, sir.
Fiscal Abiog:
Q And the youngest child you are referring to or what is the name of your youngest child?
A Enrique, sir.
Q And what did you ask Enrique?
A I shouted and asked him and he responded by showing or raising his hand with three fingers, sir.
Q Alright, after you asked Enrique shouting, what 
happened and he did not answer and instead he made a sign with his three
 fingers, will you please tell us what else happened after that?
A I lost consciousness, sir.
Q And when you regained consciousness or where did you regain your consciousness?
A At the house of my mother, sir.
Q Will you please tell us how far is that house of your mother from the place of you residence?
Witness:
A From here up to that corner, sir.
Court:
 Which corner?
A Up to there, sir. (Witness pointing to Joan's Refreshment).
Fiscal Abiog:
 Which is about two hundred meters, more or less.
Atty. Sampang:
 We agree, your Honor. (T.S.N., October 29, 1984, pp. 6-10).
The trial court had correctly applied the principle of res gestae, namely: (1) that the principal act, the res gestae,
 be a startling occurrence; (2) that the statements were made before the
 declarant had time to contrive or devise; and (3) that the statements 
made must concern the occurrence in question and its immediately 
attending circumstances 11
 which are all present in the case at bar as Geraldine had named 
accused-appellant as one of the perpetrators in the commission of the 
crime immediately after the occurrence of the stabbing incident.
Accused-appellant Carlito Tala also contends that the
 trial court erred in considering the extrajudicial confession of 
accused Manolito Tolentino implicating him in the crime charged in the 
face of the subsequent admission by Manolito Tolentino that he was alone
 when he committed said crime.
We agree with the appellant on this point. The 
extrajudicial confession of Tolentino cannot be used against appellant 
under the principle of res inter alios acta unless accused is discharge from the information and made a state witness.
At any rate, the evidence on record, by itself is sufficient in proving accused-appellant's guilt beyond reasonable doubt.
WHEREFORE, the judgment appealed from is hereby 
AFFIRMED with the sole modification that the indemnity to be paid by the
 accused-appellant Carlito Tala to the heirs of each victim is increased
 to P50,000.00 in accordance with the recent jurisprudence of this 
Court.
Narvasa, C.J., Feliciano, Regalado and Campos, Jr., JJ., concur.
# Footnotes
2 Rollo, pp. 81-82.
3 Id., at p. 12.
4 T.S.N., April 27, 1984, p. 4.
5 TSN, pp. 4-7, S. Oct. 9, 1985; pp. 17-18, S. Oct. 17, 1984.
6 T.S.N., February 22, 1984, pp. 21-26.
7 T.S.N., February 29, 1984, p. 9.
8 Rollo, pp. 77-81.
9 People vs. Odicta, 197 SCRA 158 [1991].
10 T.S.N., pp. 25-26, S. Feb. 22, 1984.
11 Ilocos Norte Electric Company vs. Court of Appeals, 179 SCRA 5 [1989]; People vs. Balbas, 122 SCRA 859.
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