GR 125967; (May, 1999) (Digest)
G.R. No. 125967 May 5, 1999
People of the Philippines, plaintiff-appellee, vs. Juan Panaga and Pablo Panaga, accused-appellants.
FACTS
Accused-appellants Pablo Panaga and Juan Panaga, father and son, were charged with four counts of murder for the shooting deaths of Pedro Cagurungan, Zaldy Binarao, Rolando Balisi, and Jeofrey La Madrid on the evening of November 9, 1991, in Peñablanca, Cagayan. The prosecution’s primary witness, Agustina Cagurungan (wife of victim Pedro), testified that after hearing their dogs bark, she used a flashlight and saw the appellants, whom she recognized, outside her house. She witnessed Juan Panaga shoot Zaldy Binarao. She and her husband then fled but were pursued. She heard more gunshots and later found her husband and the other victims dead.
The defense presented alibi, claiming Juan was in a different barangay and Pablo was at home. The trial court convicted both appellants of four counts of murder, sentencing each to four penalties of reclusion perpetua and ordering them to pay civil indemnities, actual and compensatory damages, and loss of earnings to the victims’ heirs.
ISSUE
The core issue is whether the guilt of the accused-appellants for the crime of murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the convictions. The Court found the testimony of eyewitness Agustina Cagurungan to be credible, positive, and consistent. She had a clear view of the appellants, whom she knew personally, under illumination from her flashlight and their kitchen light, negating any possibility of mistaken identity. Her testimony was corroborated by the dying declaration of her husband, Pedro, who identified his assailants before his death. The defense of alibi was rightly rejected as it could not prevail over the positive identification by a credible witness. The qualifying circumstance of treachery was correctly appreciated because the attack was sudden and unexpected, depriving the unarmed victims of any chance to defend themselves.
However, the Court modified the civil liabilities. The awards for actual and compensatory damages (P31,000) and loss of earnings (P4,132,800) were deleted for lack of proper substantiation. The Court emphasized that such damages must be proven with reasonable certainty and supported by evidence, not mere speculation. The awards for civil indemnity and moral damages were sustained. The penalty of reclusion perpetua for each count of murder was affirmed.