G.R. No. 113787 January 28, 1999
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CEFERINO GUILLERMO, accused-appellant.

FACTS

Accused-appellant Ceferino Guillermo was convicted of murder complexed with frustrated murder for the shooting of Ronnie de la Cruz, which caused his death, and Michael de la Cruz, who was injured. The incident occurred on the evening of December 15, 1991, outside a church in Aguinaldo, Ifugao. The prosecution established that Guillermo, a CAFGU member, harbored a grudge against Ronnie due to a suspected illicit relationship with Guillermo’s wife. Eyewitnesses, including the wounded Michael and Eusebio de la Cruz, Jr., positively identified Guillermo as the assailant who fired a Garand rifle at Ronnie at close range, with the bullets also hitting Michael who was standing nearby. Another witness, Darlina Guillermo, testified to seeing the accused fleeing the scene with a long gun.
The trial court rejected the defense of alibi, noting that the place where Guillermo claimed to be was not far from the crime scene and that his denial could not prevail over the positive identification by multiple witnesses. The court sentenced him to reclusion perpetua and ordered him to pay indemnity and actual damages to the victims’ heirs.

ISSUE

The core issues on appeal were: (1) the credibility of the prosecution witnesses; (2) the proper characterization of the crime committed; and (3) the propriety of the awarded damages.

RULING

The Supreme Court affirmed the conviction but modified the legal characterization and the damages. On credibility, the Court upheld the trial court’s findings, emphasizing that the relationship of the witnesses to the victim did not impair their credibility, especially as they were also related to the accused. The delay in Michael’s statement was sufficiently explained by his injury and the natural reluctance to get involved. The alleged inconsistencies in his testimony were minor and did not affect the core narrative of the shooting.
On the nature of the crime, the Court corrected the trial court. The act of firing successive shots constituted a single criminal impulse, resulting in one complex crime under Article 48 of the Revised Penal Code. However, the injury to Michael constituted frustrated homicide, not frustrated murder, as the qualifying circumstance of treachery was absorbed by the murder of Ronnie and could not be used twice. Thus, the correct designation is the complex crime of murder with frustrated homicide.
Regarding penalties, the prescribed penalty for this complex crime was death. However, as the crime was committed in 1991 when the death penalty was constitutionally prohibited, the penalty was reduced to reclusion perpetua. Finally, the Court deleted the award of actual damages for lack of supporting receipts, affirming only the civil indemnity for death. The decision was affirmed with these modifications.