G.R. No. 105961 October 22, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PACIFICO SUMAOY, accused-appellant.

FACTS

Accused-appellant Pacifico Sumaoy, a CIS personnel, was convicted of murder for the killing of Zandro Vargas. Prosecution witnesses Wilbert Vargas (the victim’s brother) and Patricio Jacobe, Jr. testified that on July 9, 1988, they saw Sumaoy shoot Vargas in the arm at a carinderia in Tagum, Davao. Sumaoy, with three unidentified companions, then dragged the wounded Vargas into a tricycle. Vargas’s body was later found in a field with multiple gunshot wounds. The defense presented an alibi, supported by a “Duty Detail” document and corroborating testimony from colleagues, claiming Sumaoy was on official duty at the time of the crime.

ISSUE

Whether the trial court correctly convicted accused-appellant Pacifico Sumaoy of the crime of murder.

RULING

The Supreme Court affirmed the conviction but modified the crime from murder to homicide. The positive identification by two eyewitnesses, who had no ill motive to testify falsely, prevailed over the weak alibi. The defense’s duty detail document was not conclusive proof of Sumaoy’s presence at the office, and the corroborating witness admitted he was not constantly aware of Sumaoy’s whereabouts. However, the qualifying circumstance of treachery was not proven. The initial shooting occurred while the victim was fleeing, indicating he was forewarned, and no evidence detailed the manner of the subsequent fatal attack. The aggravating circumstance of abuse of public position was also absent, as no evidence showed Sumaoy used his official influence to facilitate the crime. Thus, the court found him guilty only of homicide and sentenced him to an indeterminate penalty of 12 years of prision mayor, as minimum, to 17 years of reclusion temporal, as maximum, with an increased indemnity of P50,000.00 to the victim’s heirs.