G.R. No. 120921 January 29, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE BALLESTEROS, CESAR GALO and ALVIN BULUSAN, accused-appellants.

FACTS

On the evening of May 28, 1991, a group including Carmelo Agliam, Eduardo Tolentino, Sr., Jerry Agliam, Vidal Agliam, Robert Cacal, and Ronnel Tolentino left a dance at a barangay hall in Pasuquin, Ilocos Norte, after sensing hostility from Cesar Galo and his companions. Shortly after departing in their jeep, they were fired upon from behind. Jerry Agliam and Eduardo Tolentino, Sr. were killed, while Carmelo Agliam, Robert Cacal, Ronnel Tolentino, and Vidal Agliam were injured. Carmelo and Vidal Agliam identified Felipe Ballesteros, Cesar Galo, and Alvin Bulusan as the assailants. Paraffin tests on Galo and Ballesteros yielded positive results for gunpowder nitrates. The accused were charged with double murder with multiple frustrated murder. At trial, the accused interposed alibi and offered alternative explanations for the paraffin test results (e.g., cigarette smoking, fertilizer handling). The Regional Trial Court found them guilty of murder qualified by treachery and sentenced them to reclusion perpetua, with damages. They appealed.

ISSUE

Was the trial court correct in finding accused-appellants guilty beyond reasonable doubt of murder qualified by treachery?

RULING

Yes, the trial court’s decision is affirmed with modification. The Supreme Court upheld the conviction. The positive identification by eyewitnesses Carmelo and Vidal Agliam was credible, given the well-illuminated area (moonlit night), proximity of the assailants (about three meters), and their prior familiarity with the accused. The defense of alibi failed as the accused did not prove it was physically impossible for them to be at the crime scene. Their explanations for the positive paraffin tests (cigarettes, fertilizers) were unconvincing, as experts state such sources leave minimal, washable traces compared to gunpowder. Lack of motive is irrelevant when there is positive identification. The attack was treacherous as the victims were unarmed, fleeing, and unable to defend themselves. The award of actual damages was proper due to substantiated receipts. However, the P50,000.00 awarded to the heirs of each deceased is indemnity for death, not compensatory damages. The moral damages awarded were upheld.