This is an appeal by Jose Apelado and German Bacani from a decision convicting them of murder.1 [Crim. Case No. 1815, RTC Branch 27, Bayombong, Nueva Vizcaya.] The information reads:

The evidence shows that at around 11:30 P.M. of November 16, 1989, at Barangay Quirino, Silawan, Solano, Nueva Vizcaya, the victim Rodolfo de Jesus was overtaken by Jose Apelado, German Bacani and Robert Bacani while walking in front of the house of Erlinda Quidayan. German cut his line of way. De Jesus asked him, "What is my fault to you?"2 [TSN, June 4, 1991, p. 13.] He raised his hands and prepared to fight. German hit his lower legs with a piece of wood. He fell down. The three surrounded him. German pulled out a knife and stabbed him at his legs and then at his throat. Apelado hacked him with a bolo using his left hand. De Jesus was hit twice - at the top of his head and nape. Robert thrust an ice pick at his back and side below the armpit. They then ran away and left him sprawled on the ground. Chief

Luzviminda Padua witnessed the incident while standing under a star apple tree. She was then waiting for her husband. She was around fifteen (15) to twenty (20) meters away from the scene of the crime. She recognized the assailants as the place was illuminated by a fluorescent light.

Joseph Quidayan was another eye witness. He was awakened from his sleep because of his urge to urinate. He then heard the noise of the commotion outside. As they have no comfort room, he went out of his house and relieved himself on a wall. From a distance of three (3) meters, he saw Apelado hack de Jesus. He also saw Robert run toward their house. After de Jesus fell down, Apelado approached him and warned him to keep quiet.

Dr. Rexinor Agtarap conducted the autopsy of the victim. His examination revealed that the victim sustained four (4) fatal wounds. These were the hacking wounds on the head and the occipital, and the stab wounds on the upper and lower left lobe of the left lung.

Jose Apelado and German Bacani were subsequently arrested. Robert Bacani remained at large. Esm

The accused-appellants offered the defense of denial and alibi. Jose Apelado, a brother-in-law of German and Robert Bacani, claimed that on November 16, 1989, he attended a fiesta at Barangay Quirino together with his wife and Jony Bacani. They returned to Solano at 10:30 P.M. and he immediately went to sleep. When he woke up at 6 A.M. of the following day, he was arrested by policemen from Solano. A certain Ulit Untalan was also taken to the police station for investigation.

A slipper which the police allegedly recovered from the scene of the crime was shown to them. Apelado was asked to wear it. It did not fit. He was released on the same day. Two weeks later, he was rearrested and detained for thirteen (13) days. One night, he was taken by policemen to Dapdap, Solano, Nueva Vizcaya. At 2 o'clock in the morning, he was asked to go to a mango plantation. While he was protesting, a barangay tanod came and intervened. Apelado claimed that the policemen were forcing him to admit that he killed the victim. Esmsc

German Bacani was seventeen (17) years old3 [TSN, August 25, 1992, p. 6] when the crime was committed. He claimed that he was at their house from 8 P.M. of November 16, 1989 up to 7: 15 A. M. of the following day. His brother, Robert, did not sleep in their house that day. He left their house at 7:15 A.M to attend school. When he returned home in the afternoon, he learned from his neighbors the death of de Jesus.

Two weeks after the incident, police officers came to their house and asked him if he has any knowledge about the crime. He denied any knowledge. Two months after, they arrested him.

On September 7, 1993, the trial court convicted Jose Apelado and German Bacani, viz: Esmmis

The trial court found the existence of conspiracy among the assailants. Their method of attacking the victim showed a congruence and commonality of purpose. It ruled out treachery as it found that the victim was aware of the assault against him. The victim raised his hands and prepared for a fight. It also observed that the victim was able to ask a question to German Bacani before he was hit on the legs. It did not appreciate evident premeditation.

In this appeal, accused-appellants contend: Esmso

The appeal is without merit.

In assailing the credibility of prosecution witness Luzviminda Padua, accused-appellants contend that it was impossible for her to see the victim urinate after he was hit above the legs by German Bacani. Her narration that German stabbed the throat and the legs of the victim while Apelado simultaneously hacked his head with a bolo defies reason. Padua is called biased as she worked as a laundry woman of the victim's family. Joseph Quidayan is also assailed as an incredible witness. For not mentioning the Bacanis, they contend that Quidayan did not really see the incident. Msesm

The credibility of witnesses is generally for the trial court to determine. The reason is that it had seen and heard the witnesses themselves and observed their demeanor and manner of testifying.5 [People vs. Pasiona, 16 SCRA 212 (1966).] Its factual findings therefore command great weight and respect.6 [People vs. Aranjuez, 285 SCRA 466 (1998).] These findings can only be overturned if the trial court overlooked facts of substance and value that, if considered, might change the result of the case.7 [People vs. Mercado, 97 SCRA 232 (1980).]

Appellants capitalize on the alleged testimony of Padua that she saw the victim urinate after he was hit on the legs. The allegation is inaccurate for she testified as follows:

Also, Padua explained what she meant when she said the victim was attacked simultaneously. Thus:

That Padua served as laundry woman of the victim's family will not erode her credibility. This Court has ruled that the relationship of witnesses to the victim, although by mere affinity or employment, can even render their testimonies more worthy of belief as it would be unnatural for them who are interested in vindicating the crime to implicate persons other than the real culprits.10 [People vs. Castillo, 261 SCRA 493 (1996).] Calrky

On the other hand, Quidayan did not testify on the participation of German and Robert Bacani because he did not see the whole incident. A review of his testimony shows the following:

It is clear that Quidayan could not have seen the whole incident. This is the reason why he did not testify about the participation of the Bacanis. His candidness cannot but bolster his credibility.

Appellants cannot also unduly magnify the instances when Padua failed to respond directly to the questions propounded her. This was attributed by the trial court to her nervousness and inexperience in court proceedings.15 [RTC Decision, p. 4.] At any rate, minor inconsistencies in the testimonies of witnesses do not diminish the value of their testimonies.

We also note that the post mortem findings16 [Records, p. 162.] of Dr. Agtarap support the testimonies of Padua and Quidayan. The characteristics of the wounds sustained by the victim show that different instruments were used in inflicting them. Slx

Finally, as the accused-appellants were positively identified by two credible witnesses, their defense of alibi can not stand. They were not able to prove that it was physically impossible for them to be at the scene of the crime at the time of its commission. Barangay Quirino, where accused-appellant Apelado allegedly attended a fiesta, is only two (2) blocks17 [TSN, June 10, 1992, p.3.] from Solano where the incident happened. The house of accused-appellant Apelado, where he claimed to have slept on the night when the crime was committed is about thirty (30) meters18 [Ibid., p. 7.] away from the actual scene of the crime. The house of accused-appellant German Bacani where he allegedly stayed that time was only three (3) minutes19 [TSN, August 26, 1992, p. 3.] away.

As correctly held by the trial court, conspiracy was established by the prosecution. There is conspiracy when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.20 [Art. 8 (2), Revised Penal Code.] To establish conspiracy, it is not essential that there be proof as to the previous agreement to commit a crime. It is sufficient that the form and manner in which the attack was accomplished clearly indicate unity of action and purpose.21 [People vs. Berganio, 110 Phil. 322 (1960).] In this instance, the fact that the assailants followed, overtook, surrounded and took turns in inflicting injuries to the victim show a common purpose. Scslx

Abuse of superior strength also attended the commission of the crime. This circumstance is appreciated when the aggressors purposely use excessive force out of proportion to the means of defense available to the person attacked.22 [People vs. Moka, 196 SCRA 378 (1991).] In the case at bar, the aggressors who were all armed first hit the legs of their unarmed victim which caused him to fall kneeling. This was followed by a stab above the knee. Having deprived him of his means to stand or run, they took turns in inflicting mortal wounds on him. They left their victim with fifteen (15) external injuries and four (4) internal injuries.23 [Supra, note 9.]

Neither treachery nor evident premeditation was present in the commission of the crime. Treachery is absent as the accused-appellants were not entirely risk free during their attack. As stated, the victim prepared to fight it out with the accused-appellants. Evident premeditation can not be considered for lack of evidence that accused-appellants preconceived the crime. Slxsc

We hold, however, that German Bacani, is entitled to the privilege mitigating circumstance of minority under paragraph 2 of Article 68 of the Revised Penal Code. He was seventeen years old when he committed the crime. Thus, the penalty that should be imposed upon him should be one degree lower and in the proper period. Since there is neither aggravating nor mitigating circumstance present after qualifying the offense to murder, the maximum of his sentence should be within the medium period. Applying the indeterminate sentence law, the minimum of his penalty must be taken from the penalty next lower to that prescribed by the Code for the offense. Slxmis

Lastly, the award of actual, moral and exemplary damages should be deleted. Actual damages must be duly proved. No proof was given that the victim's family spent ten thousand eight hundred pesos (P10,8000.00). Neither can moral damage be left to speculation. Exemplary damage is awarded in criminal offenses when the crime was committed with one or more aggravating circumstances. There is none in this case.

IN VIEW WHEREOF, the decision of the Regional Trial Court insofar as it finds accused-appellants guilty beyond reasonable doubt of murder is affirmed. The award of actual, moral and exemplary damages is deleted. Accused-appellant German Bacani is sentenced to an indeterminate penalty of 12 years of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum. The decision is affirmed in all other respect. No costs.

Pardo, and Ynares-Santiago, JJ., concur.

Davide, Jr., C.J., (Chairman), and Kapunan, J., on official business abroad.