GR 102079; (November, 1993) (Digest)
G.R. No. 102079 November 22, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HENRY SALVERON, accused-appellant.
FACTS
The case stems from the killing of Rosibal de Felipe on March 26, 1986, in Barangay Dolores, Balasan, Iloilo. The prosecution’s principal witness, Victoriano Gregorio, testified that on the evening of the incident, he met accused-appellant Henry Salveron and Federico Sadava at a bridge. After conversing with Rosibal de Felipe, who was on a motorcycle, Gregorio heard gunshots, looked back, and saw Salveron standing on the bridge with a long firearm. Rosibal was found dead from gunshot wounds. Police investigation led to the arrest of Salveron and Sadava in Anilao, Iloilo. A paraffin test indicated gunpowder residue on Salveron’s hands. The defense presented an alibi, claiming Salveron was in Anilao working and hunting on his uncle’s farm since March 21, 1986, and that he fetched Sadava on March 27, 1986. The Regional Trial Court convicted Salveron of murder, sentencing him to reclusion perpetua. The court acquitted Sadava due to lack of evidence of conspiracy.
ISSUE
The primary issue is whether the trial court erred in convicting Henry Salveron of murder based on the evidence presented, including the positive identification by an eyewitness, the paraffin test results, and the alleged motive of vengeance for his father’s death.
RULING
The Supreme Court modified the trial court’s decision. It upheld the conviction but found that the qualifying circumstances of evident premeditation and treachery were not proven. The Court held that the positive identification by eyewitness Victoriano Gregorio, corroborated by the paraffin test results, sufficiently established Salveron’s guilt. The alibi was deemed unconvincing. However, in the absence of qualifying circumstances, the crime committed was homicide, not murder. The Court sentenced Salveron to an indeterminate penalty of 10 years of prision mayor, as minimum, to 17 years and 4 months of reclusion temporal, as maximum. The indemnity of P50,000.00 to the victim’s heirs was affirmed.