GR 106640; (June, 1994) (Digest)
G.R. Nos. 106640-42 June 15, 1994
People of the Philippines, plaintiff-appellee, vs. Eugenio Resuma, Kupad Angias and Romeo de la Cruz, accused-appellants.
FACTS
Accused-appellants Eugenio Resuma, Kupad Angias, and Romeo de la Cruz were charged with Murder for the death of Beronio Tagayon and double Attempted Murder against Dominador Salinda, Jr. and Jolito Helaos. The informations alleged that on the afternoon of February 6, 1991, in Sitio Daligdig, Barangay Ragandang, Lebak, Sultan Kudarat, the accused, armed with firearms, conspiring and mutually aiding one another, with intent to kill, evident premeditation, and treachery, attacked and shot the victims. Tagayon died from multiple gunshot wounds, while Salinda, Jr. and Helaos were not hit as they were able to run away. Upon arraignment, all accused pleaded not guilty, and a joint trial was conducted.
The prosecution presented eyewitnesses Dominador Salinda, Jr., Jolito Helaos, and Delia Tagayon (the victim’s wife), who testified that at about 5:00 p.m., while the victims were preparing to go home after cutting grass, the three accused, positioned on an elevated hill about four fathoms away and all armed with shotguns, fired at them. Salinda, Jr. and Helaos heard a gunshot, turned around, and saw the tip of Resuma’s shotgun smoking, followed by three more gunshots. They saw Tagayon slump to the ground, and as pellets grazed Helaos’s garments, they scampered for cover. Delia Tagayon, about 100 meters away, heard the gunshots, saw the three accused holding their weapons and withdrawing, and then saw her fallen husband. Antonio Ticmon also heard the gunshots and saw the accused withdrawing. Tagayon died shortly after being carried to his house. Dr. Alfredo Calingin autopsied the body and confirmed gunshot wounds as the cause of death.
The defense consisted of denial and alibi. All accused denied knowledge of the attack and conspiracy. Romeo de la Cruz claimed he did not know Angias and only knew Resuma as a corn buyer. Kupad Angias denied knowing de la Cruz and only knew Resuma as his niece’s husband. Eugenio Resuma invoked alibi, claiming he was scaling corn for Carlos Bautista in Camp Apeco at the time of the incident. The defense also presented Rolando Pillado, whose testimony regarding the conduct of prosecution witnesses after the incident was deemed hearsay.
The Regional Trial Court found the prosecution evidence credible and sufficient, convicting all accused of Murder and double Attempted Murder. It sentenced them to Reclusion Perpetua for Murder and indeterminate penalties for each Attempted Murder, with damages. The court rejected the defenses, noting the bright conditions at 5:00 p.m. allowed clear identification, and the alibi was uncorroborated and incredible.
ISSUE
Whether the trial court erred in convicting accused-appellants of Murder and double Attempted Murder based on the evidence presented.
RULING
The Supreme Court affirmed the trial court’s decision en toto. The Court held that the positive identification by eyewitnesses Dominador Salinda, Jr. and Jolito Helaos, who had a clear view of the accused at close range in broad daylight, was credible and sufficient to establish the accused-appellants’ guilt beyond reasonable doubt. Their testimonies were consistent and detailed, identifying all three accused as the perpetrators. The defense of denial and alibi could not prevail over such positive identification. The Court also found conspiracy among the accused, as their collective and coordinated actions in positioning themselves on the hill and simultaneously firing at the victims demonstrated a common purpose to kill. The hearsay testimony of defense witness Pillado was correctly accorded no probative value. The penalties and damages imposed by the trial court were affirmed.
