G.R. No. 202867; July 15, 2013
PEOPLE OF THE PHILIPPINES, Appellee, vs. REGIE LABIAGA, Appellant.
FACTS
Appellant Regie Labiaga was charged with Murder for the death of Judy Conde and Frustrated Murder for the wounding of Gregorio Conde. The prosecution alleged that on December 23, 2000, in Ajuy, Iloilo, appellant shot Gregorio. When Gregorio’s daughters, Judy and Glenelyn, rushed to his aid, appellant shot Judy in the abdomen, causing her death. The defense presented a different account, with appellant claiming he acted in self-defense during a struggle over a shotgun with Gregorio and was unaware if anyone was hit. The Regional Trial Court convicted appellant of both charges, a decision affirmed by the Court of Appeals.
ISSUE
The core issue is whether the prosecution proved appellant’s guilt for the crimes charged beyond reasonable doubt, particularly concerning the presence of treachery and the proper classification of the crime against Gregorio Conde.
RULING
The Supreme Court affirmed the conviction for Murder regarding Judy Conde but modified the conviction for Frustrated Murder to Attempted Murder for Gregorio Conde. The Court found the prosecution’s eyewitness accounts credible and consistent, establishing that appellant deliberately shot the unarmed victims. For Murder, the sudden and unexpected attack on Judy, who was merely assisting her father, constituted treachery, qualifying the killing. Regarding Gregorio, the Court applied the doctrine that for Frustrated Murder, the prosecution must prove that the victim sustained a fatal wound. The medical evidence only established a one-centimeter gunshot wound on Gregorio’s forearm and abrasions, which were not inherently fatal. Since the prosecution failed to prove that the injury was fatal, the crime is only Attempted Murder, as appellant performed all acts of execution but the wound inflicted was not sufficient to cause death. The Court upheld the awards of civil indemnity, moral, and exemplary damages.