GR 116196; (June, 1999) (Digest)
G.R. No. 116196 June 23, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PABLO ADOVISO, defendant-appellant.
FACTS
Pablo Adoviso, allegedly a CAFGU member, was charged with two counts of Murder for the killings of Rufino Agunos and Emeterio Vasquez. The prosecution’s evidence established that on the evening of February 18, 1990, in Sitio Tan-agan, Bula, Camarines Sur, several armed men attacked the victims’ camalig. Anastacia Vasquez heard gunshots and saw her husband, Emeterio, shot. Their son, Bonifacio Vasquez, witnessed the attack from a hiding place eight meters away. He positively identified appellant Adoviso as one of the assailants, recognizing him by his build and long hair under the illumination of a gas lamp inside the camalig. Bonifacio saw Adoviso fire a long firearm, hitting both the sleeping Rufino Agunos and Emeterio, who was going down the stairs. Bonifacio’s son, Elmer, corroborated the account, testifying he saw five men, with only Adoviso unmasked, shooting at the camalig. Both victims died from multiple gunshot wounds.
ISSUE
The core issue is whether the prosecution proved the guilt of appellant Pablo Adoviso for the crime of Murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The positive identification by eyewitness Bonifacio Vasquez, who had a clear view of the appellant from a short distance under sufficient illumination, was deemed credible and sufficient to establish guilt. The Court found no ill motive for Bonifacio to falsely testify against the appellant. The defense of alibi was rightly rejected as it could not prevail over this positive identification, especially since the appellant failed to prove it was physically impossible for him to have been at the crime scene. The Court also upheld the finding of treachery. The attack was sudden and unexpected, directed at victims who were unarmed and unable to defend themselves—Rufino was asleep and Emeterio was merely descending the stairs. This manner of execution deliberately ensured the accomplishment of the killing without risk to the assailants. The qualifying circumstance of treachery was thus correctly appreciated, elevating the killings to Murder. All elements of the crime were proven beyond reasonable doubt.