G.R. No. 119077 February 10, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIANO VERDE, accused-appellant.

FACTS

On March 19, 1991, Francisco Gealon was shot dead while sleeping inside his tricycle parked in front of Jose Bandiola’s house in Binalbagan, Negros Occidental. He was pronounced dead on arrival at the hospital. An information for murder, alleging evident premeditation and treachery, was filed against accused-appellant Mariano Verde. The prosecution presented evidence including: the testimony of NBI agent Modesto Cajita; the autopsy findings of Dr. Rosemarie Vidal and Dr. Ricardo Jaboneta, which established the fatal gunshot wound to the head; the testimony of the victim’s widow, Delia Gealon, regarding funeral expenses and the victim’s earnings; and the eyewitness accounts of Noli Camarines and Felix Mueda, Jr. Camarines testified that he, the victim, and the accused were at a birthday party at Bandiola’s house; he saw the accused approach the tricycle where the victim was sleeping, check who was inside, step back, draw a revolver, and shoot the victim. Mueda’s prior testimony, admitted by stipulation, stated he saw a man bend over and shoot into the sidecar and recognized the fleeing man as the accused. Arcadio Gealon, the victim’s brother, testified about a long-standing grudge between the Verde and Gealon families, stemming from the accused’s brother’s killing in 1968, and that the accused had confronted him about this grudge in December 1990. The defense interposed alibi, with accused-appellant testifying that he left the party around 6:30 PM to attend a wake about 200 meters away, where he played cards from around 7:00 PM until the next morning and heard a gunshot around 8:00 PM but dismissed it. His testimony was corroborated by Alfredo Dangan. The Regional Trial Court found accused-appellant guilty of murder and sentenced him to reclusion perpetua and ordered him to pay damages.

ISSUE

The central issue is whether the guilt of accused-appellant Mariano Verde for the crime of murder has been proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the awarded damages. The Court found the testimonies of eyewitnesses Noli Camarines and Felix Mueda, Jr. to be credible, straightforward, and consistent. Their positive identification of the accused as the shooter was given full weight. The Court rejected the defense of alibi as weak and unsubstantiated, noting it cannot prevail over the positive identification by credible witnesses. The qualifying circumstance of treachery was present because the victim was shot while asleep inside his tricycle, rendering him utterly defenseless and unable to offer any resistance. The Court found the existence of a motive based on Arcadio Gealon’s testimony about the family grudge. Regarding damages, the Court modified the trial court’s award: it affirmed the grant of moral damages but reduced the amount; it awarded death indemnity, actual damages (for funeral expenses supported by receipts), loss of earning capacity (calculated based on the victim’s age and daily earnings), and attorney’s fees. The dispositive portion ordered accused-appellant to pay the heirs: 1) death indemnity P50,000.00; 2) moral damages P50,000.00; 3) actual damages P50,000.00; 4) loss of earning capacity P778,545.00; and 5) attorney’s fees P24,000.00.