GR 132747; (February, 2000) (Digest)
G.R. No. 132747 February 8, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO CABANDE, accused-appellant.
FACTS
Accused-appellant Alfredo Cabande was charged with two counts of murder for the shooting deaths of Vicente Trinidad and his son Victor Trinidad on May 20, 1990, in San Ildefonso, Bulacan. The prosecution established that the killings arose from a land dispute over Lot 1990 of the Buenavista Estate, wherein the Department of Agrarian Reform had adjudicated a larger portion to Victor Trinidad. On the morning of the incident, while Vicente, Victor, and Victor’s three young children were on their way to fence the property, appellant and another person blocked their jeep. Appellant, without provocation, shot Victor twice. As Vicente tried to take cover, appellant also shot him. The children, including five-year-old Christopher, witnessed the entire event. Appellant interposed denial and alibi as his defense.
ISSUE
Whether the trial court erred in convicting appellant of two counts of murder.
RULING
The Supreme Court affirmed the conviction but modified the civil liabilities. The Court found the appeal’s brief anemic and noted that appellant’s arguments did not squarely address errors of the trial court but instead questioned already settled matters. Nevertheless, in the interest of substantial justice, the Court meticulously reviewed the records. It upheld the trial court’s findings, giving full credence to the straightforward and credible testimony of the child eyewitness, Christopher Trinidad, whose account was corroborated by other evidence. The Court ruled that the positive identification by the eyewitness, who had no ill motive to testify falsely, prevailed over the weak defenses of denial and alibi, which were not substantiated by clear and convincing evidence.
Regarding civil liability, the Court motu proprio applied prevailing jurisprudence. It sustained the award of P50,000.00 as civil indemnity for each victim. However, it reduced the awards for loss of earning capacity, holding that the computation must be based on the victim’s net earnings (gross income less necessary living expenses, estimated at 50% of gross income). It also reduced the awards for actual damages (wake and burial expenses) as the receipts presented did not fully substantiate the amounts granted. Moral damages were reduced to P50,000.00 for each victim. Exemplary damages were properly awarded due to the presence of the qualifying circumstance of treachery. The Court emphasized that arguments on appeal must specifically assign errors committed by the lower court, and a general attack on the decision’s conclusions is insufficient for reversal.