At around 3:30 o'clock also that same morning, Rizal Benedicto was transferred to St. Francis Hospital for surgery. He was operated on by Dr. Luis Montemar, who later testified that the victim sustained eight (8) stab wounds inflicted with a sharp-pointed instrument, the wound reaching the liver being the most dangerous.
For more than 11 hours after the operation, Rizal Benedicto fought for his life, and lost. He expired at around 3:15 o'clock in the afternoon of October 20, 1975. The death certificate (Exhibit E) shows that he died of severe hemorrhage and shock due to multiple stab wounds.
These facts were testified to by Gaudencio Calinawan, Jaime Caparas, Dr. Luis Montemar and Patrolman Anselmo Madrid.
The prosecution bolstered its case against Roberto Lagtu with the testimony of Patrolman Madrid that he was indeed "Tikboy Lagtu".
The principal defense of Roberto Lagtu who was 31 years old when he testified in December, 1977, consists of his claim that he is not "Tikboy Lagtu." He said that his nickname is "Boy," by which he was been known in the community Bo. Wawa) since childhood, and that he has never been called "Tikboy Lagtu." He further stated that "Tikboy Lagtu" is none other than his nephew Dominador Lagtu.
Roberto also offered an alibi. He claimed that he was sleeping in his house at Bo. Wawa from 8:00 o'clock in the evening of October 19, 1975 until 6:00 o'clock the next morning of October 20, 1975.
Dominador Lagtu was presented as defense witness. lie stated that he is the real "Tikboy Lagtu", and the nephew of the accused whose nickname is "Boy."
Rosario Lagtu and Romeo Lising the wife and close friend of the accused respectively, corroborated the testimony of Roberto and Dominador.
The court a quo gave credence to the evidence of the prosecution, and concluded that Roberto Lagtu was the Tikboy Lagtu" who stabbed and killed Rizal Benedicto and sentenced him as aforesaid.
On appeal, the errors attributed by the accused-appellant to the trial court, boil down to the question as to whether or not the Identity of the assailant of Rizal Benedicto was convincingly and conclusively established.
We have to answer the question in the affirmative.
Undoubtedly, the antemortem statement, Exhibit B, of the victim was properly admitted as dying declaration. It referred to the cause and surrounding circumstances of the declarant's death. And it was made under the consciousness of an impending death, considering that the declarant who was earlier found bathing in his own blood due to multiple stab wounds, must have naturally sensed the seriousness of his condition which eventually caused his death.
For the same reason, the revelation made by Rizal Benedicto to Jaime Caparas that sina "Tikboy Lagtu" stabbed him, also has the nature of a dying declaration. Both declarations are therefore admissible in evidence as an exception to the hearsay rule.
That "Tikboy Lagtu" is no other than the accused Roberto Lagtu was convincingly established by Patrolman Anselmo Madrid. Madrid categorically declared that he had known "Tikboy Lagtu" personally, and for a long time, and that "Tikboy Lagtu" and Roberto Lagtu are one and the same person.
Between the testimony of Patrolman Madrid and those of Roberto and his witnesses, the former should command credence. Patrolman Madrid was a disinterested witness, and there is no showing that he had any ill motive in testifying against Roberto. On the other hand, the testimony of the defense witnesses, relatives and a close friend of the accused, were naturally tainted with bias.
What adds credibility to Madrid's assertion that he personally know Roberto as "Tikboy Lagtu" is the fact that in small rural communities, everybody knows almost everybody. And so it was, with a policeman who regularly performs his beat. More so, when it is considered that according to Roberto Lagtu himself, he worked at the Inter-Resort in Bo. Wawa. In this connection, it is significant that Roberto Lagtu even admitted that he knew Patrolman Madrid, though he said that he knew Madrid as "Max."
Additionally, the difficulty with Roberto Lagtu's disclaimer is that he signed a manifestation dated November 3, 1975, addressed to the Municipal Court of Nasugbu wherein he requested for a preliminary investigation proper. (Expedients, p. 12.) In that manifestation he actually admitted that he was "Tikboy Lagtu" by referring to himself as Roberto Lagtu alias "Tikboy Lagtu."
It having been shown that "Tikboy Lagtu" and Roberto Lagtu were one and the game person, the alibi of the accused has to fall because he has been positively Identified as the assailant of Rizal Benedicto.
The court a quo held that treachery attended the slaying of Rizal Benedicto. The records, however, do not show facts upon which a finding of treachery can be sustained. And it cannot be presumed merely because the victim sustained 8 stab wounds.
Roberto Lagtu should, therefore, be held guilty of homicide only.
Although nighttime is alleged in the information, there is no evidence that nighttime was purposely sought to facilitate the commission of the crime.
There being no attendant aggravating nor mitigating circumstances in the commission of the crime of homicide, the appropriate penalty is reclusion temporal in its medium period.
WHEREFORE, the judgment of the court a quo is hereby modified by finding the appellant Roberto Lagtu guilty of the crime of homicide only and sentencing him to an indeterminate penalty of seven (7) years of prision mayor as minimum to fifteen (15) years of reclusion temporal as maximum; it is affirmed in all other respects.
SO ORDERED.
Barredo (Chairman), Aquino, Concepcion, Jr., and De Castro, JJ., concur.
The Lawphil Project - Arellano Law Foundation
