People of the Philippines vs. Fernando G.
Viovicente
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 118707 February 2, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
FERNANDO VIOVICENTE y GONDESA, accused-appellant.
MENDOZA, J.:
In an information dated August 8, 1991 accused-appellant Fernando Viovicente y
Gondesa, together with John Doe, Peter Doe, and Mike Doe, was charged with murder,
as follows: 1
That on or about the 21st day of July, 1991, Quezon City, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, armed with a bolo and
an icepick, conspiring together, confederating with and mutually helping one another,
did, then and there, willfully, unlawfully and feloniously with intent to kill, with
treachery and evident premeditation and by taking advantage of superior strength,
attack, assault and employ personal violence upon the person of FERNANDO
HOYOHOY Y VENTURA, by then and there, stabbing him on the chest with the use of
said bolo and icepick, thereby inflicting upon him serious and mortal wounds which
were the direct and immediate cause of his untimely death, to the damage and prejudice
of the heirs of said Fernando Hoyohoy y Ventura, in such amounts as may be awarded
under the provisions of the Civil Code.
CONTRARY TO LAW.
Fernando Flores testified that while he was on his way to work at 6 a.m. on July 21, 1991,
he saw his co-workers Fernando Hoyohoy attacked by four men. Hoyohoy was buying
cigarettes at a store located in an alley of Tatalon Street, Quezon City when, according to
Flores, two persons emerged from behind the store. Flores identified the two as
accused-appellant Fernando Viovicente, alias "Macoy," and one "Balweg." The two
approached the victim and seized him by the shoulders (accused-appellant held the
victim's right shoulder, while "Balweg" held him by the left). Then, Flores said, two
other persons, whom he identified as Maning and Duras, came up to the victim and
stabbed him in the left side of the chest. The victim was struck first by Maning with a
bolo, followed by Duras who stabbed Hoyohoy with an icepick. 2 The four then fled from
the scene.
During the whole incident, Fernando Flores was ten steps away from the victim. 3 Flores
testified that he knew accused-appellant because both of them had worked in a
department store in Sta. Mesa. 4 He said that two weeks after the incident, his sister saw
accused-appellant in their neighborhood and told him. The two of them then informed
the victim's brother who then tried to apprehend accused-appellant. Accused-appellant
resisted and drew his knife, but neighbors joined in subduing him. Later, they turned
him over to the barangay captain. 5 On August 6, 1991, Flores gave a statement
regarding the incident to the police. 6
Tomas Hoyohoy, the victim's brother, testified 7 that after Fernando had been stabbed
he ran to their house and identified Maning Viovicente, Duras Viovicente, accused-
appellant Fernando "Macoy" Viovicente, and Romero "Balweg" Obando as his
assailants. The four were neighbors of theirs is Tatalon.
Fernando Hoyohoy was taken to the National Orthopedic Hospital where he died at 11
a.m. of the same day (July 21, 1991). A death certificate 8 and certificate of postmortem
examination 9 were later issued. For the victim's funeral, the family incurred P9,000.00
in expenses. 10
Cpl. Iluminado Combalicer of the Galas Police Sub-Station 4 testified 11 that, upon
receipt of the report of the incident, he went to the National Orthopedic Hospital where
he was able to talk to the victim. This was at 8 a.m. of July 21, 1991. Hoyohoy told him
that he had been stabbed by Maning. Cpl. Combalicer took down the victim's statement
and made him sign it. 12 The pertinent portion of the statement reads:
Tanong: Anong pangalan mo?
Sagot: Fernando Hoyohoy y Ventura, 25 taong
gulang, binata, empleyado, tubo sa Manila,
nakatira sa No. 11, Bicol Brigade, Tatalon, Q.C.
02 T: Bakit ka narito sa hospital?
S: Sinaksak po ako ni "Maning" at "Duras" roon
ring nakatira sa may likod ng bahay namin.
03 T: Anong dahilan at ikaw ay sinaksak?
S: Hindi ko po alam.
Accused-appellant's defense was alibi. 13 He claimed that on July 21, 1991, the day of the
incident, he was in Bataan. According to him, two weeks later he returned to Manila
because he did not like his job in Bataan. He went to his mother's house and, after
eating, went to the house of his cousins, Maning and Duras. It was there where he was
arrested. Accused-appellant's mother, Filomena Canlas, corroborated his alibi. 14
The Regional Trial Court of Quezon City (Branch 92) 15convicted accuse-appellant of
murder and sentenced him to 17 years, 4 months, and 1 day of reclusion temporal, as
minimum, to 20 years of reclusion temporal, as maximum, and ordered him to pay the
heirs P9,000.00 as burial expenses, P50,000.00 moral damages, and the costs. On
appeal, the Court of Appeals 16thought the penalty should be increased to reclusion
perpetua because of the absence of mitigating and aggravating circumstances and, in
accordance with Rule 124, §13, certified the case to this Court for final review. The Court
gave accused-appellant the opportunity of filing an additional appellant's brief but he
found it unnecessary to do so. The case was therefore submitted for resolution on the
basis of the briefs of the parties in the Court of Appeals and the record of the trial court.
Accused-appellant's brief contains the following assignment of errors:
