People v. Caritativo

G.R. No. 92271-72 (April 1, 1996)

Facts:

On April 6, 1984, Fred Pama and his two sons, Joey and Jeffrey, were ambushed while on their way to fetch Fred's wife, Wenifreda, from a birthday party at the house of Ofelia Caritativo. The accused, Salvador Caritativo and Victor Solas, along with Gregorio Solomon, attacked the Pama family. Solomon attempted to stab Fred but missed, injuring their carabao instead, which caused the family to fall off. Jeffrey managed to escape and witnessed the assailants stabbing his father and brother. Fred Pama suffered four stab wounds and a gunshot wound, while Joey sustained three incised wounds and eleven stab wounds. The bodies of Fred and Joey were discovered the following morning.

Witnesses, including Jeffrey and Fely Gonzales, identified the accused as the perpetrators. The accused were arrested, while Solomon fled and remained at large. The prosecution charged Caritativo and Solas with two counts of murder for the deaths of Fred and Joey Pama.

Legal Issues:

1. Whether the trial court erred in convicting the accused based on the evidence presented by the prosecution.
2. Whether the qualifying circumstance of treachery was correctly appreciated by the trial court.
3. Whether the defense's theory of conspiracy and the claim that only Solomon was responsible for the killings were credible.

Arguments:

Prosecution:

• The prosecution argued that the testimonies of eyewitnesses Jeffrey Pama and Fely Gonzales clearly identified Caritativo and Solas as the attackers. They contended that the nature and number of wounds inflicted on the victims indicated that multiple assailants were involved, supporting the existence of conspiracy among the accused and Solomon.
• The prosecution also emphasized the element of treachery, as the attack was sudden and left the victims with no opportunity to defend themselves.

Defense:

• The defense contended that only Gregorio Solomon was responsible for the killings, attempting to shift the blame away from Caritativo and Solas. They argued that the prosecution's evidence was insufficient and relied heavily on the testimonies of witnesses who were not credible.
• The defense also claimed that the trial court failed to consider their alibi and the alleged confession of Gregorio Solomon to his father, which they argued should exonerate the accused.

Court's Decision and Legal Reasoning:

The court upheld the trial court's conviction of Caritativo and Solas for the murders of Fred and Joey Pama. The court found that the eyewitness testimonies were credible and corroborated by the physical evidence, which indicated multiple assailants due to the number and nature of the wounds inflicted on the victims. The court noted that the defense's alibi was weak and could not overcome the positive identification made by the witnesses.

The court affirmed the trial court's finding of conspiracy among the accused, as their actions demonstrated a common purpose and concerted effort to commit the crime. The court also agreed with the trial court's appreciation of treachery, noting that the suddenness of the attack left the victims defenseless, particularly the minor child, Joey.

However, the court modified the trial court's decision regarding the aggravating circumstance of abuse of superior strength, stating that it was absorbed in the qualifying circumstance of treachery.

Significant Legal Principles Established:

• The presence of multiple wounds on victims can indicate the involvement of more than one assailant, supporting the finding of conspiracy.
• The suddenness of an attack, especially against defenseless victims, can qualify as treachery, justifying a higher penalty for the crime committed.
• Hearsay evidence, such as confessions made by one accused to another, is inadmissible against co-accused unless it is a direct admission by the person making the confession.