G.R. No. 122098 January 20, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE TENORIO @ “BINO”, accused-appellant.

FACTS

Accused-appellant Felipe Tenorio and his co-accused Francisco Decenilla were charged with Murder with Multiple Frustrated Murders through an illegally possessed firearm. The information alleged that on January 6, 1993, in Pandan, Antique, the accused, armed with illegally possessed firearms, conspired to attack, assault, and shoot Minerva Gumboc, causing her death, and also inflicted gunshot wounds on Jerson Candolita, Jovito Candolita, and Milagros Candolita, which would have resulted in their deaths were it not for timely medical attendance. The qualifying circumstances of evident premeditation, treachery, and superior strength were alleged.
The prosecution evidence established that at around 5:30 a.m. on January 6, 1993, Jovito Candolita, inside his house with his niece Minerva Gumboc, heard shouts. Upon going out, he was accosted by two persons, one of whom he recognized as accused-appellant Felipe Tenorio, who held his wrist and brought him near his son Jerson’s house. Minerva Gumboc followed. The duo forcibly opened the door of Jerson’s house and pushed Jovito and Minerva inside. Jerson, who had seen his father being held, retrieved his M-14 rifle and went to a foxhole inside the house with his wife Milagros. About 27 other malefactors outside fired at the house, and Jerson returned fire. During a 40-minute exchange of gunfire, two hand grenades were lobbed at the house. Jerson, Jovito, and Milagros were hit by grenade fragments. Minerva Gumboc, the last to enter the foxhole, suffered fatal gunshot wounds and died. After Jerson ran out of bullets and played dead, three malefactors, including accused-appellant Tenorio, entered the house and took items. Medical findings confirmed Minerva died from massive hemorrhage due to multiple gunshot wounds, and the others sustained injuries that could have been fatal if untreated.
Only accused-appellant Tenorio was arrested and arraigned, pleading not guilty. He presented an alibi, testifying he was in Manila at the time of the incident, having surrendered from the NPA in 1990 and stayed in Manila until December 1993.

ISSUE

The sole and fundamental issue is the credibility of the prosecution witnesses’ testimonies regarding the identification of accused-appellant as one of the perpetrators.

RULING

The Supreme Court AFFIRMED the trial court’s decision in toto, finding accused-appellant Felipe Tenorio guilty of the complex crime of murder with frustrated murder and sentencing him to reclusion perpetua, with an order to pay indemnity to the heirs of Minerva Gumboc.
The Court upheld the trial court’s assessment of the testimonial evidence, applying the rule that findings of fact by the trial court, especially on witness credibility, are entitled to great weight. The prosecution witnesses (Jovito, Jerson, and Milagros Candolita) positively and categorically identified accused-appellant as one of the attackers. Their testimonies were straightforward and convincing compared to the uncorroborated alibi of the accused-appellant. The Court found no reason to deviate from the trial court’s findings, noting that the witnesses had a clear view of the accused-appellant during the incident.
The Court also ruled that the crime committed was a complex crime of murder with frustrated murder. The acts of the accused, animated by a single purpose to make Jerson Candolita and another surrender, constituted one complex offense. The trial court correctly imposed the penalty for the most serious crime, murder, which is reclusion perpetua, to be applied in its maximum period. The charge of illegal possession of firearms was not proven, as no evidence was presented that the accused had no license or permit to possess a firearm.