AM 1383; (March, 1976) (Digest)
March 15, 2026AM 1988 CAr; (November, 1979) (Digest)
March 15, 2026G.R. Nos. 102407-08; March 26, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDMUNDO LUCERO y GACETA, accused-appellant.
FACTS
Accused-appellant Edmundo Lucero was charged with Murder for the death of Fernando Jabol and three counts of Frustrated Murder. The prosecution evidence established that on July 11, 1989, Lucero barged into a house in Quezon City where the victims were gathered and fired multiple shots, hitting Fernando Jabol, Joel Jabol, Alex Tano, and Ferdinand Alvero. Fernando Jabol died from his wounds. The motive was alleged to be Lucero’s suspicion that the victims stole his boat engine in Leyte. The victims identified Lucero as the assailant. The defense presented an alibi, claiming Lucero was with his live-in partner in Angeles City at the time. The trial court convicted Lucero of Murder and one count of Frustrated Murder (for Joel Jabol), but acquitted him for the charges involving Tano and Alvero due to their failure to appear and testify.
ISSUE
The primary issues were: (1) the credibility of the prosecution’s eyewitness identification; (2) the validity of the defense of alibi; and (3) the correctness of the penalties imposed.
RULING
The Supreme Court affirmed the convictions but modified the penalties and civil indemnity. The Court upheld the trial court’s assessment of witness credibility, finding the positive identification by the victims, particularly Joel Jabol, to be clear and convincing. The defense of alibi was correctly rejected as it was not physically impossible for Lucero to have been at the crime scene, and it was substantially weakened by his positive identification. The qualifying circumstance of treachery was properly appreciated for the Murder charge, as the sudden and unexpected attack deprived Fernando Jabol of any chance to defend himself. For the Frustrated Murder conviction, the Court corrected the penalty. Applying the Indeterminate Sentence Law, the Court imposed an indeterminate penalty of six years and one day of prision mayor, as minimum, to twelve years and one day of reclusion temporal, as maximum. The civil indemnity for the death of Fernando Jabol was increased from P30,000.00 to P50,000.00 in accordance with prevailing jurisprudence. The acquittals for the other two counts were undisturbed.