G.R. No. 184173 March 13, 2009
People of the Philippines, Plaintiff-Appellee, vs. Judito Molina and John Doe, Accused, Joselito Tagudar, Accused-Appellant.

FACTS

Accused-appellant Joselito Tagudar, together with Judito Molina and a John Doe (both at-large), was charged before the Regional Trial Court (RTC) with four counts of murder and fourteen counts of attempted murder. The charges stemmed from a shooting incident on the night of October 4, 2002, at a wake in Barbarsic, Ba-ug, San Juan, Abra, which resulted in the deaths of Jansen Bersamin, Eric Pacurza, Rogee Montorio, and Algie Pacurza, and injuries to fourteen others. The Informations alleged conspiracy, treachery, taking advantage of darkness, and use of unlicensed firearms. Only Tagudar was arrested and arraigned, pleading not guilty. The venue was transferred to the RTC of Laoag City, Ilocos Norte. During pre-trial, the parties stipulated, among other facts, the occurrence of the shooting, the identities of the deceased and injured victims, and that on October 4, 2002, the appellant was in Bangued, Abra. The prosecution presented two eyewitnesses, Allan Montorio and Jomar Pillor, who testified they were at the wake playing “dado” when they heard gunshots. They saw two men, whom they positively identified as Tagudar and Judito Molina, wearing black bonnets that exposed their faces, firing an armalite towards the group. They recognized the assailants due to sufficient illumination from a light above the gambling table and their prior familiarity with them (Tagudar as a policeman and Molina as a mayoral bodyguard). Both witnesses admitted they did not immediately report the identities to the local police out of fear, but later disclosed them to the National Bureau of Investigation (NBI) almost two months after the incident. The defense presented alibi witnesses, including the appellant, who claimed he was at Camp Dangwa, La Trinidad, Benguet, on October 4, 2002, for annual training and did not return to Abra until the early morning of October 5, 2002. The RTC found Tagudar guilty on all counts, a decision affirmed by the Court of Appeals.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant Joselito Tagudar beyond reasonable doubt for four counts of murder and fourteen counts of attempted murder.

RULING

The Supreme Court affirmed the convictions. The Court held that the positive identification by the two eyewitnesses, Allan Montorio and Jomar Pillor, prevailed over the defense of alibi and denial. The witnesses had a clear view of the assailants, who were only 3-5 meters away, their faces were exposed by the ski-mask type bonnets, and the area was illuminated by a 50-watt bulb or fluorescent lamp. Their familiarity with Tagudar and Molina bolstered their credibility. The delay in reporting to the police was sufficiently explained by their well-grounded fear, given that the perpetrators were a policeman and a mayoral bodyguard, and did not impair their credibility. The defense of alibi was weak and could not prevail over positive identification, especially as it was not physically impossible for Tagudar to have been at the crime scene. The qualifying circumstance of treachery was properly appreciated as the attack was sudden and unexpected, depriving the unarmed victims of any chance to defend themselves. The Court modified the penalties: for each murder, the penalty is reclusion perpetua, without eligibility for parole, and civil indemnity of ₱75,000, moral damages of ₱75,000, and exemplary damages of ₱30,000 to the heirs of each victim. For each attempted murder, the penalty is an indeterminate sentence of 4 years and 2 months of prision correccional, as minimum, to 10 years of prision mayor, as maximum, and civil indemnity of ₱20,000 to each victim. All damages awarded shall earn legal interest at 6% per annum from the finality of the judgment.