GR 129793; (December, 1999) (Digest)
G.R. No. 129793 December 15, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AUGUSTO TANZON y DELOS REYES, accused-appellant.
FACTS
On the evening of November 19, 1994, Lemuel Juanillo and his common-law wife, Liza Quilang, were walking home when they passed accused-appellant Augusto Tanzon and his friends drinking in front of his house. Tanzon invited Juanillo for a drink, but the latter refused. As Liza walked ahead, she turned and saw Tanzon fire a long metal pipe at Juanillo’s back, causing him to fall. Tanzon then entered his house, returned with a handgun, and shot the prostrate victim. His companions also assaulted Juanillo. Liza screamed and was later chased and shot at by Tanzon’s son but escaped unharmed. Neighbor Paz Tumbagahan corroborated hearing gunshots and seeing Tanzon with a pipe, though she did not see the actual shooting of the victim.
The defense presented an alibi, claiming Tanzon was hosting his daughter’s birthday party inside his house when a commotion and gunshots erupted outside from unknown persons. He asserted he only learned of the killing when police arrived and that he was falsely accused. The trial court convicted Tanzon of murder qualified by treachery and sentenced him to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting accused-appellant of murder based on the credibility of the prosecution witnesses.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of witness credibility, finding no ill motive for Liza Quilang to falsely accuse Tanzon. Her positive identification, corroborated by Paz Tumbagahan on material points, was deemed credible and sufficient to establish guilt beyond reasonable doubt. The defense of alibi was rejected as weak and unsubstantiated, especially since Tanzon was positively placed at the crime scene. The Court found that treachery attended the killing, as the initial attack from behind with a firearm was sudden and unexpected, rendering the victim defenseless. The Court modified the damages, ordering an additional P50,000.00 as civil indemnity ex delicto to the victim’s heirs.