G.R. No. 105621 -23 August 5, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JAIME MUYANO y QUINTO and RICKY FAJARDO y OLVIDO, accused-appellants.

FACTS

Jaime Muyano was charged with the murder of Mar S. Rebustes and illegal possession of a firearm. Ricky Fajardo and Ernesto Gonzales were also charged with murder. All pleaded not guilty initially, though Muyano later pleaded guilty to the illegal possession charge and was sentenced separately. After a joint trial for murder, the trial court acquitted Ernesto Gonzales but convicted appellants Jaime Muyano and Ricky Fajardo, sentencing each to life imprisonment and ordering them to indemnify the victim’s heirs.
The killing occurred on November 16, 1989, at about 7:30 p.m., near the entrance of the Inland Trailways Bus Terminal in Sampaloc, Manila. The victim, security guard Mar Rebustes, was on duty. Prosecution witness Gil Gamitin, Jr., a janitor, testified that appellants, with hands inside their shirts, passed by him and approached Rebustes frontally. They encircled Rebustes; Fajardo placed his right arm on Rebustes’ nape, went behind him, and shot him on the right side of the back of his head with a .38 caliber pistol. Muyano then took Rebustes’ service firearm from his waist as he lay on the ground. Both appellants then ran across the street into a restaurant/pub house owned by Ernesto Gonzales. The incident was reported to the police by Editha Ocampo, a canteen employee. Appellants were arrested the next day.
The autopsy confirmed a penetrating gunshot wound to the right occipital region. The defense consisted of denial and alibi. Muyano claimed he heard a shot, saw the victim fall, saw another person (Toto Mayo) with a firearm, picked up a .38 caliber revolver from the sidewalk, and gave it to a compadre. Fajardo claimed he was inside Gonzales’ pub house, approximately 90 meters away, from 6:00 p.m. until his arrest the next day and did not witness the shooting.

ISSUE

Whether the trial court erred in finding accused-appellants Jaime Muyano and Ricky Fajardo guilty beyond reasonable doubt of the crime of murder.

RULING

The trial court’s decision is AFFIRMED with modifications. The Supreme Court upheld the conviction for murder. The positive identification by eyewitness Gil Gamitin, Jr., corroborated by Editha Ocampo, prevailed over the defenses of denial and alibi. The court found the element of treachery (alevosia) present, as appellants surrounded the victim and Fajardo shot him from behind, rendering him helpless and ensuring the execution without risk to themselves. The appellants acted in concert. The aggravating circumstance of evident premeditation was not appreciated due to lack of proof of its essential elements. The penalty imposed by the trial court was corrected from “life imprisonment” to reclusion perpetua, as they are juridically distinct. The indemnity to the victim’s heirs was increased from P30,000.00 to P50,000.00 in accordance with prevailing jurisprudence.