GR 93730 31; (June, 1994) (Digest)
G.R. No. 93730 -31 June 10, 1994
People of the Philippines, plaintiff-appellee, vs. Bernardo Ompad, Jr., accused-appellant.
FACTS
Accused-appellant Bernardo Ompad, Jr., also known as “Commander Brando,” a hit-man of the New People’s Army (NPA), was charged with two counts of murder. In Criminal Case No. 3829, he was accused of killing Numeriano Pagente on June 2, 1983. The prosecution’s sole eyewitness was Ambrosio Barlaan, a member of the Civilian Home Defense Force (CHDF), who claimed he saw Ompad and four others shoot Pagente. Barlaan did not report the incident until December 9, 1985, after learning that Ompad had been arrested and was allegedly responsible for the death of his son, Dionilo Barlaan. In Criminal Case No. 3832, Ompad was accused of killing Dionilo Barlaan on August 5, 1984. Prosecution witnesses Arsenio del Rio and Lucas Lamoste, former NPA recruits, testified that they saw Ompad shoot Dionilo in the nape because he was suspected of being a military informer. They gave sworn statements implicating Ompad on December 9, 1985, after they had left the NPA and Ompad had been arrested. The trial court convicted Ompad of murder in both cases and sentenced him to reclusion perpetua for each.
ISSUE
The main issues are whether the testimonies of the prosecution witnesses are credible and sufficient to convict accused-appellant Bernardo Ompad, Jr., for the murders of Numeriano Pagente and Dionilo Barlaan.
RULING
The Supreme Court acquitted Bernardo Ompad, Jr., in Criminal Case No. 3829 for the murder of Numeriano Pagente but affirmed his conviction in Criminal Case No. 3832 for the murder of Dionilo Barlaan. For the killing of Pagente, the Court found the testimony of Ambrosio Barlaan unreliable due to his long silence of over two years, his membership in the CHDF which should have prompted immediate reporting, and his apparent motive to implicate Ompad after his son was killed. This created reasonable doubt. For the killing of Dionilo Barlaan, the Court found the testimonies of Arsenio del Rio and Lucas Lamoste credible and sufficient. Their delay in reporting was justified by their fear as former NPA recruits, and they positively identified Ompad as the assailant. The killing was qualified by treachery. The Court affirmed the penalty of reclusion perpetua and increased the civil indemnity to P50,000.00, in addition to P5,000.00 for loss of earning capacity and P20,000.00 for moral and exemplary damages.