PP vs. Sibbu G.R. No. 214757 March 29

PP vs. SIBBU G.R. No.
214757, March 29, 2017

Facts:
Accused Sibbu Benny and others were charged for murder and attempted murder to which three (3)
Informations were filed.
Private Complainant testified that between 6:30 and 7:00 p.m. of December 6, 2004, he was with his
three year old daughter, Trisha May Julian, his mother Ofelia Julian; and his father, Warlito Julian the
victim in Criminal Case No. 11724 in the azotea of his parents’ house in Baranga, Elizabeth, Marcos,
llocos Norte when he saw from a distance of about five meters a person in camouflage uniform with
a long firearm slung across his chest and a black bonnet over his head. When the armed man inched
closer to the house, he tried to fix his bonnet thereby providing Bryan (witness) the opportunity to
see his face; Bryan had a clear look at the armed man because there were Christmas lights hanging
from the roof of their porch. Bryan recognized the armed man as the accused. Bryan also saw two
men in crouching position at a distance of three meters away from the appellant. Fearing the worst,
Bryan shouted a warning to his family. Accused then fired upon them killing Trisha, Ofelia and
Warlito.
Accused denied the charges against him. He testified that on December 6, 2004, he never left the
house of his in-laws because he was taking care of his sick son. He claimed to have heard the
explosions but thought that those were so of firecrackers since it was nearing Christmas. Appellant-
accused denied having any misunderstanding with the Julian family, or knowing Bryan and Benny
personally, or possessing camouflage clothing.
RTC found accused guilty which was affirmed by the CA with modifications on the penalty.
Issue:
Whether or not the trial court erred in (1) giving credence to the testimony of the alleged eyewitness
Bryan; and (2) in finding him guilty beyond reasonable doubt as charged. 3.) Whether or not the
aggravating circumstances of treachery, dwelling, and use of disguise were not sufficiently
established.
Ruling: No.
1. Bryan positively identified appellant-accused as the person who shot at him and killed Warlito,
Ofelia, and Trisha.
Bryan, the witness was able to identify the appellant as the assailant in shooting incident; there is
no reason to doubt his positive testimony. As observed by the RTC, Bryan’s narration of how he
was able to recognize the appellant was credible and convincing, to wit: From Bryan’s testimony
above, it is clear that he was only five meters away from the appellant when the shooting incident
happened. While the appellant was seen wearing a bonnet over his head, Bryan was able to get a
glimpse of appellant’s face when the latter fixed his bonnet. In addition,Christmas lights hanging
from the roof of the porch provided illumination enabling Bryan to identify the appellant.
Moreover, Bryan is familiar with the appellant’s built, height, and body movements.
2. Appellant also questions the RTC’s appreciation of the aggravating circumstances of treachery,
dwelling and use of disguise. Treachery was correctly appreciated as qualifying circumstance in
the instant case.
Treachery is present when the offender commits any of the crimes against person, employing
means, methods, or fonns in the execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the offended party might make.
In this case, the evidence on record reveals that at the time of the shooting incident, Warlito,
Ofelia, Trisha, and Bryan were at the porch of their house totally unaware of the impending attack.
In addition, they were all unarmed thus unable to mount a defense in the event of an attack. On
the other hand, appellant and his cohorts were armed. They also surreptitiously approached the
residence of the victims. Appellant, in particular, wore camouflage uniform to avoid detection.
Although Brian was able to warn his family about the impending attack, it was too late for the
victims to scamper for safety or to defend themselves. At the time Bryan became aware of
appellant’s presence, the latter was already in the vicinity of about five meters. In fine, appellant
employed deliberate means to ensure the accomplishment of his purpose of killing his victims
with minimal risk to his safety. There can be no other conclusion than that the appellant’s attack
was treacherous.
3. The use of disguise was likewise correctly appreciated as an aggravating circumstance in this case.
Bryan testified that the appellant covered his face with a bonnet during the shooting incident
There could be no other possible purpose forwearing a bonnet over appellant’s face but to
conceal his identity, especially since Bryan and appellant live in the same barangay and are
familiar with each other.
4. As for the defense put up by the appellant that he was inside the house of his in-laws during the
shooting, the Court is unconvinced by his denial and alibi. Aside from being the weakest of all
defenses, appellant was not able to establish that it was physically impossible for him to be at the
scene of the crime at the time the shooting incident happened. The SC ruled ”for the defense of
alibi to prosper, the accused must prove not only that he was at some other place when the crime
was committed, but also that it was physically impossible for him to be at the scene of the crime
or its immediate vicinity through clear and convincing Verily, appellant’s alibi must fail for failure
to show that it was physically impossible for him to be at the crime scene or its immediate vicinity
at the time of its commission.
The Court also upholds appellant’s conviction for attempted murder.

Appellant commenced the commission of murder through overt acts such as firing his firearm at
the residence of the victims but did not perfom all the acts of execution which should produce
murder by reason of some cause other than his own spontaneous desistance. Appellant simply
missed his target; he failed to perform all the acts of execution to kill Bryan, Appellant is therefore
guilty of attempted murder, Unfortunately, Warlito, Ofelia and Trisha had to bear the brunt of
appellant’s firearm.
All told, appellant was correctly convicted of three counts of murder considering the qualifying
circumstance of treachery and one count of attempted murder. Since two aggravating
circumstances of dwelling and use of disguise attended the commission of the crime of murder,
appellant should be sentenced to death in accordance with Article 6328 of the Revised Penal
Code.
Under Article 24829 of the Revised Penal Code, murder is punishable by reclusion perpetua to
death. Thus under Article 63, the higher penalty should be imposed. However, because of the
passage of Republic Act No. 9346, or An Act Prohibiting the Imposition of Death Penalty in the
Philippines, the imposition of death penalty is now prohibited. The law provided, that in lieu of
the death penalty, the penalty of reclusion petpetua shall be imposed with no eligibility for parole.
Accordingly, appellant should suffer the penalty on reclusion perpetua without eligibility for
parole in lieu of the death penalty
Hence, based on People vs. Jugueta (G.R. No. 202124, April 5, 2016), in criminal cases where the
appellant was convicted of murder the crime being attended by the qualifying circumstance of
treachery and by the aggravating circumstances of dwelling and disguise, we further modify the
awards of civil indemnity, moral damages, and exemplary damages to P100,000.00 each for each
case. Moreover, since the award of actual damages in the amount of P55,602.00 pertained to all
three cases of murder, the same should be modified to P50,000,00 for each case.
For attempted murder, the RTC as affirmed by the CA imposed the penalty of six (6) years of
prision correccional as minimum to ten (10) years as prision mayor as maximum.
In People vs. Jugueta (G.R. No. 202124,April 5, 2016):
In view of the attendant ordinary aggravating circumstance, the Court must modify the penalties
imposed on appellant. Murder is punishable by reclusion perpetua to death, thus, with an ordinary
aggravating circumstance of dwelling, the imposable penalty is death for each of two (2) counts
of murder. However, pursuant to Republic Act (RA) No. 9346, proscribing the imposition of the
death penalty, the penalty to be imposed on appellant should be reclusion perpetua for each of
the two (2) counts of murder without eligibility for parole. With regard to the four (4) counts of
attempted murder, the penalty prescribed for each count is prision mayor. With one ordinary
aggravating circumstance, the penalty should be imposed in its maximum period. Applying the
Indeterminate Sentence Law, the maximum penalty should be from ten (10) years and one (1) day
to twelve (12) years of prision mayor, while the minimum shall be taken from the penalty next
lower in degree, i.e., prision correccional, in any of its periods, or anywhere from six (6) months
and one (1) day to six (6) years. This Court finds it apt to impose on appellant the indeterminate
penalty of four (4) years, two (2) months and one (1) day of prision correccional, as minimum, to
ten (10) years and one (1) day of prision mayor, as minimum, for each of the four (4) counts of
attempted murder.
The proper imposable penalty for attempted murder, and considering the attendant aggravating
circumstance of dwelling and disguise, is four (years, two (2) months and one (1) day of prision
correctional, as minimum, to ten (10) and one (1) day of prision mayor, as maximum. In addition,
appellant is liable to pay civil liability, moral damages and exemplary damages at P50,000.00 each.
Finally, these monetary awards shall earn interest at the rate of 6% per annum from the date of
finality of the Decision until fully paid.
Wherefore, the Decision of the CA is Affirmed with further Modifications.

PP vs. Sibbu G.R. No. 214757 March 29

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PP vs. SIBBU G.R. No.

214757, March 29, 2017

The Court also upholds appellant’s conviction for attempted murder.

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