G.R. No. 121793 June 30, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ADONIS BALAD, accused-appellant.

FACTS

On October 26, 1992, Wenceslao Doctolero was shot at the nape and died instantly while seated in a parked jeepney at Kayang Street, Baguio City. An information for murder was filed against accused-appellant Adonis Balad, a police officer. The Regional Trial Court found him guilty and sentenced him to reclusion perpetua, ordering him to pay various damages to the victim’s heirs. Appellant appealed, with the central issue being his identification as the assailant. The prosecution’s case relied primarily on the eyewitness accounts of Edwin Sabalburo and Charlie Lim. Sabalburo testified that he and his companions were at Kayang Street around 4:30 PM when they heard two gunshots about five minutes apart. After the first shot, he hid near a vehicle but witnessed the second shot. He saw appellant, whom he identified in court, holding a short gun and shooting the victim at point-blank range in the nape while the victim was inside the parked jeepney. Appellant then walked casually towards Abanao Street. Sabalburo was about 7 to 8 meters away with no obstructions. Charlie Lim corroborated this, stating he also saw appellant shoot the victim from about seven strides away and identified appellant in court. Dr. Emmanuel Fernandez, the medico-legal officer, confirmed the cause of death was a gunshot wound to the nape. The defense presented an alibi, claiming appellant was on his way to secure clearances for an exam. He testified that earlier that day, at the ALB-GER Building on Kayang Street, he was blocked by a person, identified himself as a policeman, drew his gun which accidentally fired, and was told by another policeman he could leave. He then claimed he went to a restaurant. The defense also presented witnesses to support this alibi and challenged the prosecution witnesses’ credibility, noting alleged inconsistencies in their statements and the initial police report which did not name appellant.

ISSUE

The primary issue is whether the prosecution proved beyond reasonable doubt that accused-appellant Adonis Balad was the perpetrator of the murder of Wenceslao Doctolero, hinging on the credibility and reliability of the eyewitness identification.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED the trial court’s judgment. The Court held that the prosecution successfully proved appellant’s guilt beyond reasonable doubt. The eyewitness testimonies of Edwin Sabalburo and Charlie Lim were found to be credible, consistent, and categorical. They positively identified appellant as the gunman who shot the victim at close range. The Court rejected the defense’s alibi as weak and unsubstantiated, noting it was physically possible for appellant to have been at the crime scene shortly after the alleged incident at the ALB-GER Building, given the proximity and the short time interval. The Court also found the alleged inconsistencies in the prosecution’s evidence to be minor and did not affect the core narrative of the crime. The mitigating circumstance of voluntary surrender was appreciated, offsetting the aggravating circumstance of taking advantage of his position as a policeman. However, evident premeditation was not appreciated due to insufficient evidence. The penalty of reclusion perpetua was upheld.