GR 188902; (February, 2011) (Digest)
G.R. No. 188902; February 16, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROBERTO LOPEZ y CABAL, Appellant.
FACTS
On August 10, 2006, appellant Roberto Lopez y Cabal was charged with the murder of Prudencio Melendres. He pleaded not guilty. During trial, prosecution witness Leo Acibar testified that on July 31, 2006, at about 8:30 a.m., he saw Lopez suddenly appear and shoot Melendres from behind with a .38 revolver, hitting him on the right side of the head, and then shoot him again on the chest and lower abdomen before fleeing. The victim’s wife, Ma. Liberty Francisco Melendres, testified on civil liability, presenting receipts for burial expenses and a certification from the victim’s employer regarding his salary range and allowances. For the defense, Lopez claimed alibi, stating he was working on a house repair. Defense witness Jaime Domingo initially testified Lopez worked for him from July 26 to 31, 2006, but on cross-examination said the work was only until July 30. Another defense witness, Maritess Padilla, testified she saw two hooded men shoot Melendres and that Lopez was not one of them. The Regional Trial Court found Lopez guilty of murder and sentenced him to reclusion perpetua, also ordering him to pay damages. The Court of Appeals affirmed the conviction with modifications to the damages. Lopez appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s decision finding appellant Roberto Lopez y Cabal guilty beyond reasonable doubt of murder and in its award of damages.
RULING
The Supreme Court found the petition without merit. It upheld the factual findings and credibility assessments of the trial court as affirmed by the Court of Appeals, stating they are generally conclusive and binding. The Court ruled that the prosecution proved Lopez’s guilt beyond reasonable doubt. However, it modified the award for loss of earning capacity. Using the formula for net earning capacity [Life expectancy x Gross Annual Income – Living Expenses], and considering the victim’s age (41) and the documented average annual income from salary (₱32,100) and allowances (₱42,840) totaling ₱74,940, the Court computed the loss as ₱974,220. The Court affirmed the Court of Appeals’ Decision with the MODIFICATION that appellant is ordered to pay the heirs of Prudencio Melendres the amount of ₱974,220 for loss of earning capacity.