GR 100813; (January, 1992) (Digest)
G.R. No. 100813 . January 31, 1992.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NESTOR MARTINEZ, et al., accused-appellants.
FACTS
The case stemmed from a fatal shooting at the Flamingo Cocktail Lounge in Mangagoy, Bislig, Surigao del Sur, on December 7, 1988. Appellant Nestor Martinez and his group, mostly armed forest rangers, were at the lounge. A separate group, which included the victim Arnulf Piatos, arrived later. An initial altercation occurred outside when a member of the victim’s group, Arturo, was lured out and manhandled by Martinez’s companions. The victim rushed out to help, leading to a confrontation where both sides drew firearms. Seeing himself outnumbered, the victim tucked his gun away, turned his back, and began walking back towards the lounge. At that moment, appellant Martinez aimed and shot the victim in the nape, killing him instantly. The prosecution’s primary eyewitness was lounge waiter Ronie Salazar.
ISSUE
The core issue is whether the guilt of appellant Nestor Martinez for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment crediting the testimony of prosecution eyewitness Ronie Salazar over the defense witnesses. Salazar provided a clear, consistent, and credible account of the incident, positively identifying Martinez as the one who shot the unarmed victim from behind. The defense’s claim that another person fired the shot was rejected, as the testimonies of defense witnesses Joselito Rosal and Nenita Aclao were found unreliable by the trial court, which observed Aclao’s evasive demeanor. The Court also ruled that the non-presentation of the murder weapon and the appellant’s own decision not to testify did not weaken the prosecution’s case. The cause of death was established by the post-mortem report, and an accused’s right to testify is personal and waivable.
The killing was qualified by treachery. The victim was shot at the nape after he had turned his back, tucked away his gun, and was completely defenseless, thereby ensuring the execution without risk to the assailant. The penalty was properly modified to reclusion perpetua, and civil indemnity was increased to P50,000.00 in accordance with prevailing jurisprudence.