G.R. No. 141112 -13; January 14, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. FELIX LOPEZ Y JAVIER and JOHN DOE, accused, FELIX LOPEZ Y JAVIER, appellant.

FACTS

On January 11, 1996, two Informations were filed against accused-appellant Felix Lopez y Javier. Criminal Case No. 4667-96-C charged him with Robbery, alleging that on or about August 22, 1995, in Calamba, Laguna, with intent to gain and by means of violence and intimidation, he took two handheld radios valued at P25,000 from Mauricio Lanzanas after shooting him. Criminal Case No. 4668-96-C charged him with Murder for killing Mauricio Lanzanas with treachery and evident premeditation. Upon arraignment, appellant pleaded not guilty to both charges. During trial, he escaped from detention, and the trial proceeded in absentia.
The prosecution presented the following evidence: Richard Lanzanas, the 11-year-old son of the victim, testified that around 7:00 a.m. on August 22, 1995, he heard gunshots near the barangay hall, saw his father lying on the ground inside their sash factory, and saw appellant shoot his father twice more before taking two handheld radios. Bonifacio Lanzanas, another son of the victim, testified that he was working in the factory with his father when a man carrying an armalite rifle appeared. After his father approached and nodded at the man, he heard three shots and saw his father fall. The assailant then shot his father again, stared at Bonifacio, and took the radios. Bonifacio positively identified appellant in court as the assailant. Nympha Lanzanas, the victim’s widow, testified she heard shots, was informed by her son Richard, and saw the fleeing suspect carrying a long firearm and the two radios. Dr. Ariel Ang conducted the post-mortem examination and determined the cause of death was severe hemorrhage with multiple organ injuries from four gunshot wounds.
The Regional Trial Court convicted appellant of Murder and Robbery, sentencing him to death for Murder and an indeterminate prison term for Robbery, and ordering him to pay damages. The case was elevated to the Supreme Court for automatic review.

ISSUE

The main issue is whether appellant was correctly identified as the killer by the eyewitnesses and whether his guilt was established beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the conviction for Murder but MODIFIED the penalties and awards. The Court found the identity and liability of appellant established beyond reasonable doubt through the positive and credible testimonies of eyewitnesses Bonifacio and Richard Lanzanas, who had a clear view of the incident. The qualifying circumstance of treachery was present because the attack was sudden and unexpected, rendering the victim defenseless. However, the Court reduced the penalty from death to reclusion perpetua, as the killing was not attended by any aggravating circumstance. The Court also modified the civil liabilities: in addition to P50,000 moral damages, appellant was ordered to pay P50,000 civil indemnity and P1,012 actual damages (for funeral expenses supported by receipts).
For Criminal Case No. 4667-96-C, the Court found appellant guilty of Theft, not Robbery. The taking of the radios occurred after the killing, not by means of violence or intimidation against the victim. The penalty was set at an indeterminate prison term of 4 years, 4 months and 1 day of prision correccional, as minimum, to 10 years and 1 day of prision mayor, as maximum. Appellant was also ordered to pay P18,000 as reparation for the stolen articles.