EN BANC

[G.R. No. 135919. May 9, 2003]

PEOPLE OF THE PHILIPPINES, appellee, vs. DANNY DELOS SANTOS

Y FERNANDEZ, appellant.

DECISION
SANDOVAL-GUTIERREZ, J.:

For automatic review is the Decision1 dated October 2, 1998 of the Regional Trial
[1]

Court, Branch 21, Malolos, Bulacan, in Criminal Case No. 3551798, finding appellant
Danny delos Santos guilty of the crime of murder and sentencing him to suffer the
penalty of death.
In the Information2 dated February 23, 1998, appellant was charged with murder,
[2]

thus:
That on or about the 6th day of November 1997, in the Municipality of San Jose,
Del Monte, Province of Bulacan, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, armed with a kitchen knife, with intent to
kill one Rod Flores y Juanitas, with evident premeditation, treachery and taking
advantage of superior strength, did then and there willfully, unlawfully and feloniously
attack, assault and stab with the said kitchen knife said Rod Flores y Juanitas, hitting
him on the different parts of his body, thereby inflicting upon him mortal wounds which
directly caused his death.
Upon arraignment, appellant pleaded not guilty. 3 Thereafter, trial on the merits
[3]

ensued. The prosecution presented Marcelino de Leon, Marvin Tablate, Dr. Benito
Caballero and Romeo Flores as its witnesses. Appellant and Sonny Bautista took the
witness stand for the defense.
Marcelino De Leon testified that at around 8:00 p.m. of November 6, 1997, he saw
Rod Flores drinking gin with Narciso Salvador, Marvin Tablate and Jayvee Rainier at
the latters house in Sarmiento Homes, San Jose del Monte, Bulacan. 4 As he was [4]

1[1] Penned by Judge Cesar M. Solis, Rollo at 123-128.

2[2] Rollo at 2.

3[3] Records at 15.

4[4] TSN, July 3, 1998 at 2; July 1, 1998 at 4.

about to fetch water from a nearby faucet, he approached them and borrowed Flores
cart.5 While waiting for the cart, he stood across Flores who was then seated and
[5]

conversing with the group.6 Suddenly, appellant emerged from the back of Flores and
[6]

stabbed him with a knife,7 making an upward and downward thrust. 8 Flores ran after
[7] [8]

he was stabbed twice.9 Appellant pursued him and stabbed him many times. 10 As a
[9] [10]

result, Flores intestines bulged out of his stomach. 11 Appellant ceased stabbing Flores
[11]

only after he saw him dead. Thereafter, he turned his ire against Jayvee Rainier and
chased him. Fearful for his life, witness De Leon hid himself and later on reported the
incident to the police.12 [12]

Marvin Tablate corroborated De Leons testimony. On cross-examination, Tablate

testified that he tried to help Flores by separating him from the appellant who ran
away.13 He also testified that the latter joined his group at about 11:00 a.m. and kept on
[13]

coming back and forth.

Dr. Caballero declared on the witness stand that Flores suffered twenty-one (21)
stab wounds in the frontal, posterior and lateral side of his body, eleven (11) of which
were fatal. Dr. Caballero said it was possible that appellant was behind Flores
considering the stab wounds inflicted at his back. 14 According to the doctor, Flores died
[14]

because of massive external/internal hemorrhages due to multiple stab wounds in the

thorax and abdomen penetrating both lungs, heart, stomach, liver, spleen and
intestines.15 [15]

5[5] TSN, July 1, 1998 at 5.

6[6] Id. at 4.

7[7] TSN, July 3, 1998 at 4.

8[8] Id. at 5.

9[9] Id.

10[10] Id.

11[11] Id.

12[12] Id. at 6.

13[13] Id. at 8.

14[14] TSN, September 21, 1998 at 3.

 Romeo Flores testified that his son Rod Flores was then working at Vitarich,
Marilao, Bulacan, earning P600.00 every 15th day of the month;16 that he spent [16]

P100,000.00 for his sons burial and wake; that he has receipts in the amount of
P19,110.00 spent for the funeral services and the cost of the cemetery lot 17 and a list [17]

of other expenses in the amount of P35,960.00;18 and that his family has been grieving
[18]

for the loss of a loved one.

Appellant had a different version of the events. He denied the accusation and
declared that on November 6, 1997 at 8:00 p.m., he was in his aunties house in Muson,
San Jose del Monte, Bulacan, 19 forty (40) meters away from the scene of the crime.
[19]

He was then fetching water.20 Earlier, at about 5:30 p.m., he and Flores met but they
[20]

did not greet each other. There was no altercation between them. Hence, he could not
understand why De Leon and Tablate testified against him.
Sonny Bautista testified that on that particular date and time, he and appellant were
in their aunties house in San Jose del Monte, Bulacan. 21 They watched television up
[21]

to 8:30 p.m. and then went home. At about 10:00 p.m., appellant was arrested.
Bautista did not inform the policemen that they were watching television in their aunties
house at the time the crime took place. Neither did he accompany appellant to the
police station.22 [22]

On October 2, 1998, the trial court rendered a Decision, the dispositive portion of
which reads:
All premises considered, this Court resolves and so holds that the prosecution
has been able to establish the criminal culpability of the accused beyond reasonable
doubt. Accordingly, Danny delos Santos is hereby found guilty of the crime of Murder
with the qualifying circumstance of treachery.
In the imposition of the penalty, the Court hereby takes into account the brutality
15[15] RTC Decision at 17, Rollo at 124.

16[16] TSN, September 1, 1998 at 8.

17[17] Id.

18[18] Records at 99.

19[19] TSN, September 28, 1998 at 2.

20[20] Id. at 4.

21[21] Id. at 7.

22[22] Id. at 8.
 in the manner by which the life of the victim was taken, and if only to serve as deterrent
to others who might be similarly obsessed, it is believed that the higher of the two
penalties provided should be meted to the accused herein. Absent any circumstance
that would mitigate the severity of his criminal act and pursuant to Articles 248 of the
Revised Penal Code, as amended by Section 6, Republic Act no. 7659, the accused
Danny delos Santos y Fernandez is hereby sentenced to suffer the penalty of Death by
lethal injection.
Further, the accused is condemned to indemnify the heirs of the deceased the
amount of P50,000.00 for the victims death. Moreover, accused delos Santos is
ordered to pay the said heirs of the deceased Rod Flores the following sums of money:
1. P264,000.00 for loss of earning capacity;
2. P55,070.00 for actual and compensatory damages;
3. P50,000.00 for moral damages;
4. P50,000.00 for exemplary damages.
With costs against the accused.
SO ORDERED.
In his Appellants brief, appellant ascribes to the trial court the following errors:
I
THE COURT A QUO GRAVELY ERRED IN GIVING FULL FAITH AND
CREDENCE TO THE TESTIMONY OF THE ALLEGED EYEWITNESSES, AND IN
NOT ACQUITTING ACCUSED-APPELANT ON GROUND OF REASONABLE
DOUBT.
II
THE COURT A QUO ERRED IN ORDERING ACCUSED-APPELLANT TO
INDEMNIFY THE HEIRS OF VICTIM THE AMOUNT OF P50,000.00 FOR VICTIMS
DEATH; P264,000.00 FOR LOSS OF EARNING CAPACITY; P55,070.00 FOR
ACTUAL AND COMPENSATORY DAMAGES; P50,000.00 FOR MORAL DAMAGES;
AND P50,000.00 FOR EXEMPLARY DAMAGES.23[23]
Appellant contends that there are some inconsistencies between the testimonies of
De Leon and Tablate, the prosecution witnesses. Also, there is no evidence that he has
a motive to kill Flores. In fact, there was no previous heated argument or altercation
between them. That the prosecution witnesses executed their sworn statements only
after two months from the commission of the crime raises doubt as to their credibility.
Finally, the evidence for the prosecution failed to meet the exacting test of moral
certainty, hence, the trial court should not have ordered him to indemnify the heirs of
Flores.
The Solicitor General, in the Appellees brief, counters that: (a) the inconsistencies
pointed out by appellant are minor and do not vitiate the fact that he was the one who
killed Flores; (b) appellants defenses of alibi and denial are worthless since he was

23[23] Rollo at 47-57.

positively identified by the prosecution witnesses; (c) he failed to proffer any explanation
why the prosecution witnesses implicated him; (d) the crime was aggravated by cruelty
because he butchered Flores until his intestines bulged out of his stomach; and (e) the
heirs of Flores are entitled to indemnification as it has been shown beyond reasonable
doubt that appellant killed him.
The first assigned error involves a determination of the credibility of the prosecution
witnesses. Settled is the rule that when it comes to credibility of witnesses, appellate
courts generally do not overturn the findings of trial courts. The latter are in a best
position to ascertain and measure the sincerity and spontaneity of witnesses through
their actual observation of the witnesses manner of testifying, demeanor and behavior
in court.24 [24]

We see no reason to deviate from this rule.

Appellant maintains that there are inconsistencies in the testimonies of De Leon and
Tablate. While De Leon testified that appellant did not join Flores group, however,
Tablate declared that he was drinking gin with them at about 11:00 a.m. De Leon
testified that no one assisted Flores when he was being attacked by appellant.
However, Tablate stated that he attempted to separate Flores from appellant after the
former had sustained two stab wounds.
The first alleged inconsistency is understandable. Unlike Tablate who was with the
group in a drinking spree, De Leon approached Flores only when he borrowed the cart
from the latter at about 8:00 p.m. He stayed with Flores group only for about thirty
minutes,25 or up to 8:30 p.m. Thus, he could not have observed that appellant joined
[25]

the group earlier, or at about 11:00 a.m.

The second alleged inconsistency is a minor one that does not enfeeble the
prosecutions theory that appellant killed Flores. Evident from De Leons testimony is
the fact that he was so shocked in witnessing the gruesome killing of his companion.
With such a state of mind, it would be too much to demand from him a full recollection of
the details surrounding the event. Many times we have ruled that inconsistencies in the
testimony of witnesses when referring only to minor details and collateral matters do not
affect the substance of their declaration, their veracity, or the weight of their testimony. 26
They only serve to strengthen rather than weaken the credibility of witnesses for they
[26]

erase the suspicion of a rehearsed testimony.27 What we find important in the case at
[27]

bar is that the two prosecution witnesses were one in saying that it was appellant who

24[24] People vs. Ave, G.R. Nos. 137274-75, October 18, 2002; People vs. Alfanta, 378
Phil 95 (2000).

25[25] TSN, July 1, 1998 at 5.

26[26] People vs. Bato, 382 Phil 558 (2000).

27[27] People vs. Dando, 382 Phil. 290 (2000).

stabbed Flores with a knife. We quote the clear and straightforward account of the
incident by De Leon and Tablate. During cross-examination, De Leon testified as
follows:
Atty. De la Cruz:
QYou did not see the accused because it was dark in that place, is it not?
A No, sir, he suddenly appeared from the back of Rod Flores and started
stabbing Rod that is why we were surprised.
Court:
Q How did the accused thrust the weapon to the victim?
A (Witness demonstrating by making upward, downward thrust at the back of
the victim)
Atty. De la Cruz
Q Where was Rod Flores hit, if you know?
A At the back, sir.
Q How many times?
A At first, twice, sir.
Court:
Q That was the time when Rod Flores ran away after having been stabbed twice.
A Yes, Your Honor.
xxx xxx
Court:
Q How did the accused thrust for the second time the weapon at the back of
the victim.
A Both at the back, sir.
xxx xxx
Atty. De la Cruz:
Q Was Rod Flores able to ran away?
A Yes, sir.
Q Where were you when Rod Flores was running away?
A We were left behind, sir. I was not able to move anymore.
Q And was the accused able to reach Flores?
A Yes, sir.
Q What did the accused do?
A Again, he started stabbing at the back, sir.
 Q So the stabbing was inflicted at the back of the victim?
A Not all, sir, because he turned him face up and stabbed him again, sir.28[28]
Tablates direct testimony reads:
Fiscal Vicente:
x x xx x x
Q How did Danny delos Santos stab Rod Flores?
A Patalikod, sir.
Q What do you mean?
A Danny delos Santos stabbed Rod Flores at the back, sir.
Q When you said Danny delos Santos stabbed Rod Flores at the back, are you
saying that Danny delos Santos was at the back of Rod Flores at the time?
A Yes, sir.
Q How many times did the accused stab Rod Flores?
A I saw him stabbed the victim twice, sir. (Witness demonstrated in downward
position as if he was holding something).
Q What was he holding?
A A knife, sir.
xxx xxx
Court:
xxx xxx
Q Are you sure that when Rod Flores fell to the ground, he was not able to rise
nor was he able to run away?
A He was able to run but then he was drunk and the accused was able to catch
and stab him again, sir.
xxx xxx
Q Are you positive to the identity of Danny delos Santos that he was the one
who stabbed Rod Flores?
A Yes, sir.29[29]
Appellant argues that since the prosecution witnesses testified that there was no
altercation between him and Flores, it follows that no motive to kill can be attributed to
him. This is an inconsequential argument. Proof of motive is not indispensable for a
conviction, particularly where the accused is positively identified by an
28[28] TSN, July 3, 1998 at 5-6.

29[29] TSN, August 17, 1998 at 3-8.

eyewitness and his participation is adequately established.30 In People vs.
[30]

Galano,31 we ruled that in the crime of murder, motive is not an element of the offense,
[31]

it becomes material only when the evidence is circumstantial or inconclusive and there
is some doubt on whether the accused had committed it. In the case before us, no such
doubt exits as De Leon and Tablate positively identified appellant.
In a last-ditch attempt to cast doubt on the testimonies of the prosecution witnesses,
appellant questions why their statements were taken only on January 29, 1998 when
the incident happened on November 6, 1997. The two-month delay is hardly an
indicium of a concocted story. It is but natural for witnesses to avoid being involved in a
criminal proceeding particularly when the crime committed is of such gravity as to show
the cruelty of the perpetrator. Born of human experience, the fear of retaliation can
have a paralyzing effect to the witnesses. 32 Thus, in People vs. Dacibar,33 we held
[32] [33]

that the initial reluctance of witnesses to volunteer information about a criminal case is
of common knowledge and has been judicially declared as insufficient to affect
credibility, especially when a valid reason exists for such hesitance.
Anent the second error, appellant contends that the trial court erred in indemnifying
the heirs of Flores since his guilt was not proved beyond reasonable doubt. Suffice it to
state at this point that the evidence for the prosecution produces moral certainty that
appellant is guilty of the crime charged, hence, should be answerable for all its
consequences.
As earlier mentioned, appellants defenses are mere alibi and denial. He testified
that at the time the crime took place, he was in his aunties house in Muson, San Jose
del Monte, Bulacan. When probed by the trial court, he categorically stated that the
house is only 40 meters away from the scene of the crime and may be traveled in about
three or five minutes.34 For the defense of alibi to prosper, it must be convincing
[34]

enough to preclude any doubt on the physical impossibility of the presence of the

30[30] People vs. Lozada, G.R. No. 130589, June 29, 2000, 334 SCRA 602; Lack of
motive for committing the crime does not preclude conviction for such crime when
the crime and participation of the accused are definitely proved. People vs. Quillosa,
382 Phil. 638 (2000).

31[31] 384 Phil. 206 (2000).

32[32] Fear of reprisal and the natural reluctance of a witness to get involved in a
criminal case are sufficient explanations for a witness delay in reporting a crime to
the authorities. (People vs. Galido, 383 Phil. 61 (2000).

33[33] 382 Phil. 618 (2000).

34[34] TSN, September 28, 1998 at 4-5.

accused at the locus criminis at the time of the incident. 35 [35]
Certainly, the required
impossibility does not exist here.
Weighing the evidence of the prosecution vis--vis that of the defense, the scale of
justice must tilt in favor of the former. Time and again, we ruled that positive
identification, where categorical and consistent and without any showing of ill-motive on
the part of the eyewitnesses testifying on the matter, prevails over alibi and denial
which, if not substantiated by clear and convincing proof, are negative and self-serving
evidence undeserving of weight in law.36 With marked relevance is the fact that
[36]

appellant did not present any evidence to show that the prosecution witnesses, in
testifying against him, have improper motive.
The prosecution was able to establish that appellants attack on Flores was from
behind without any slightest provocation on his part 37 and that it was sudden and
[37]

unexpected. This is a clear case of treachery. Where the victim was totally unprepared
for the unexpected attack from behind with no weapon to resist it, the stabbing could
only be described as treacherous.38 There being treachery, appellants conviction for
[38]

murder is in order.
However, in the imposition of penalty, we cannot appreciate the aggravating
circumstance of cruelty considered by the trial court. Pursuant to the 2000 Revised
Rules of Criminal Procedure, every Information must state not only the qualifying but
also the aggravating circumstances.39 This rule may be given retroactive effect in the
[39]

light of the well-established rule that statutes regulating the procedure of the courts will
be construed as applicable to actions pending and undetermined at the time of their
passage.40 The aggravating circumstance of cruelty, not having been alleged in the
[40]

Information, may not be appreciated to enhance the liability of appellant.

Under Article 24841 of the Revised Penal Code, the penalty for the consummated
[41]

crime of murder is reclusion perpetua to death. In this case, the lesser of the two
indivisible penalties shall be imposed, there being neither mitigating nor aggravating

35[35] People vs. Tanail, 380 Phil. 646 (2000).

36[36] People vs. Jose, 381 Phil. 845 (2000).

37[37] People vs. Aquino, 379 Phil. 845 (2000); People vs. Lumacang, 381 Phil. 266
(2000).

38[38] People vs. Mendoza, G.R. No. 128890, May 31, 2000, 332 SCRA 485.

39[39] Section 8, Rule 110.

40[40] People vs. Antonio, G.R. No. 144266, November 27, 2002; People vs. Arrojado,
G.R. No. 130492, January 31, 2001, 350 SCRA 679.
circumstances attending the crime.42 [42]

In keeping with the current jurisprudence, the heirs of Flores are entitled to the
amount of P50,000.00 by way of civil indemnity ex delicto.43 As regards the actual
[43]

damages, it appears that out of the P55,070.00 awarded by the trial court, only
P19,170.0044 was actually supported by receipts. The other amounts were based
[44]

solely on a list prepared by Romeo Flores. To be entitled to actual damages, it is

necessary to prove the actual amount of loss with a reasonable degree of certainty,
premised upon competent proof and on the best evidence obtainable to the injured
party.45 In the case at bar, the prosecution failed to present receipts for the other
[45]

expenses incurred. Thus, in light of the recent case of People vs. Abrazaldo,46 we [46]

grant the award of P25,000.00 as temperate damages inasmuch as the proven actual
damages is less than P25,000.00. The moral damages awarded in the amount of
P50,000.00 is affirmed, there being proofs that because of Flores death, his heirs
suffered wounded feelings, mental anguish, anxiety and similar injury.47 However, we [47]

reduce to P25,000.00 only the trial courts award of P50,000.00 as exemplary

damages.48 [48]

The amount of indemnity for loss of earning capacity is based on the income at the
time of death and the probable life expectancy of the victim. In the case at bar, the trial
court found that Flores annual gross income is P14,400.00 computed at the rate of
P1,200.00 a month for twelve (12) months. From this amount is deducted the

41 [41]
Article 248 of the Revised Penal Code provides:ART. 248. Murder. Any person who, not
falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be
punished by reclusion perpetua to death x x x.

42[42] People vs. Alcodia, G.R. No. 134121, March 5, 2003; Article 63 (2) of the
Revised Penal Code; People vs. Piedad, G.R. No. 131923, December 5, 2002.

43[43] People vs. Ilo, G.R. No. 140731, November 21, 2002.

44[44] Records at 99, 100-103.

45[45] People vs. Acosta, G.R. No. 140386, November 29, 2001; People vs. Suelto, 381
Phil. 351 (2000); People vs. Samolde, G.R. No. 128551, July 31, 2000, 336 SCRA 632.

46[46] G.R. No. 124392, February 6, 2003.

47[47] People vs. Manlansing, G.R. No. 131736, March 11, 2002.

48[48] People vs. Catubig, G.R. No. 137842, August 23, 2001, 363 SCRA 636.
necessary and incidental expenses, estimated at 50%, leaving a balance of P7,200.00.
His net income would then be multiplied by his life expectancy, using the following
formula: 2/3 x 80 25 (age of the victim at time of death). Considering that he was 25
years old when he died, his life expectancy would be 37. Multiplying the net balance of
his annual income by his life expectancy, the loss of his earning is P266,400.00, thus:
In computing the life expectancy and loss of earning capacity of a person the
following formula is used:
Life expectancy
2/3 x (80-the age of the victim at the time of death)
2/3 x (80-25)
2/3 x 55
= 36.66 or 37
Loss of earning capacity
net annual income x life expectancy
P7,200 x 37
= P266,400.00 49[49]
WHEREFORE, the Decision dated October 2, 1998 of the Regional Trial Court,
Branch 21, Malolos, Bulacan, in Criminal Case No. 3551798, finding appellant Danny
delos Santos y Fernandez guilty of the crime of murder is AFFIRMED with
MODIFICATION in the sense that he is sentenced to suffer the penalty of reclusion
perpetua and to pay the heirs of the late Rod Flores y Juanitas the amounts of
P50,000.00 as civil indemnity, P25,0000.00 as temperate damages, P50,000.00 as
moral damages, P25,000.00 as exemplary damages, and P266,400.00 for loss of
earning capacity.
Costs de oficio.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Ynares-
Santiago, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Azcuna,
JJ., concur.

49[49] People vs. Cabande, 381 Phil. 889 (2000). People vs. Rubio, G.R. No. 128871,
March 17, 2003; See also People vs. Visperas, Jr., G.R. No. 147315, January 13,
2003, citing People vs. Laut, G.R. No. 137751, February 1, 2001, 351 SCRA 93.