G.R. No. 112687 June 19, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABNER EUBRA y BARTOLOME, accused-appellant.

FACTS

On January 9, 1992, an Information was filed charging Abner Eubra y Bartolome with Murder, committed on November 10, 1991, in Barangay Bagawang, Pandan, Catanduanes. The information alleged that with intent to kill, treachery, and evident premeditation, the accused shot Abel Angeles with an unlicensed firearm, hitting him mortally at the back. The offense was aggravated by nighttime and the use of an unlicensed firearm under P.D. No. 1866. The accused pleaded not guilty. After trial, the Regional Trial Court of Virac, Catanduanes, Branch 43, found him guilty beyond reasonable doubt of Murder and sentenced him to reclusion perpetua, ordering him to pay indemnity and damages to the victim’s heirs.
The prosecution evidence established that around 7:30 PM on November 10, 1991, the victim Abel Angeles was having a drinking session with friends in Teodorico Trinidad’s kitchen. The victim was seated with his back to the wall. A gunshot was heard from outside the kitchen. Teodorico Trinidad opened the door and saw the accused about two meters away, holding a revolver and walking eastward. The victim suffered a gunshot wound entering his back and exiting his chest, as confirmed by Dr. Wilfredo Santelices. Sulpicio Trinidad testified he saw the accused walking alone towards Teodorico’s house minutes before the shot and saw him walking away with a gun immediately after. Antonio Angeles, the victim’s brother, testified that the victim, while in the hospital, identified the accused as his assailant. PO3 Jaime del Valle also testified that the victim pointed to the accused as the assailant before affixing his thumbmark to a statement. The prosecution presented evidence of prior threats and ill motive from the accused against the victim.
The defense presented an alibi, with witnesses Gracia Bartolome and Lydia Eubra testifying that the accused was at a baptismal party and later at another house drinking from 3:00 PM until around 9:00 PM on the day of the incident, and was never out of their sight. The accused denied the charges and impugned the credibility of the prosecution witnesses.

ISSUE

The primary issue is whether the prosecution proved the guilt of the accused for the crime of Murder beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the judgment of the trial court. The Court held that the prosecution evidence, particularly the positive identification by eyewitnesses Teodorico Trinidad and Sulpicio Trinidad, was credible and sufficient to establish the accused’s guilt. The defense of alibi was weak and could not prevail over the positive identification. The Court found the qualifying circumstance of treachery to be present because the attack was sudden and from behind, while the victim was seated and in no position to defend himself. The Court noted that while the information alleged the use of an unlicensed firearm as an aggravating circumstance under P.D. No. 1866, the prosecution failed to prove this allegation; thus, it was not considered. The Court also ruled that the aggravating circumstances of nighttime and evident premeditation were not proven. The penalty of reclusion perpetua was affirmed as the proper penalty for Murder, there being no aggravating or mitigating circumstances. The award of damages to the heirs was also sustained.