G.R. Nos. 126147/143925-26 January 28, 2003
People of the Philippines, plaintiff-appellee, vs. Leoncio Lawa, accused-appellant.

FACTS

Three separate Informations were filed against appellant Leoncio Lawa for Murder (Criminal Cases Nos. 2210 and 2211) and Attempted Murder (Criminal Case No. 2212). The charges alleged that on the evening of April 27, 1994, in Barangay Purikay, Lebak, Sultan Kudarat, appellant, together with others at large, armed with firearms, conspiring and with intent to kill, with evident premeditation and treachery, attacked and indiscriminately fired at the house of Roger Gregorio where he and his family were asleep. The shooting resulted in the deaths of Lolita Gregorio and Culan (Colan) Gregorio and inflicted gunshot wounds upon Elvie Gregorio. Appellant pleaded not guilty, and a joint trial ensued.
The prosecution presented eyewitness Elvie Gregorio, then 10 years old, who testified that she was inside the house with her family when a burst of gunfire occurred. She stood up, peeped through a hole in the wall, and saw four people, identifying one as her uncle, appellant Leoncio Lawa, who was holding a firearm and firing towards their house. She stated she recognized him due to moonlight. Her mother and sister died from gunshot wounds, and she sustained injuries. Roger Gregorio, the father, testified about a prior land dispute with appellant that had been settled, and that he had relocated due to this dispute. He reported the incident but did not see the assailants. Dr. Johnny Tan conducted the autopsy and determined the causes of death were gunshot wounds to the head. SPO2 Romeo Blase conducted the investigation and arrested appellant based on Elvie’s identification.
The defense presented appellant’s wife, Petra Lawa, who confirmed the land dispute was settled. Defense witness Sergio Lausog, appellant’s brother-in-law and neighbor, testified he heard gunshots on the night of the incident and called out to appellant, who was home and told him to go back to sleep. Appellant testified, denying involvement, claiming he was home, and suggesting Muslims were hunting Roger Gregorio for a prior killing.
The Regional Trial Court convicted appellant, imposing the death penalty for each murder and an indeterminate prison term for attempted murder. The case was elevated to the Supreme Court for automatic review.

ISSUE

The core issue is whether the prosecution proved the guilt of appellant Leoncio Lawa for the crimes of Murder and Attempted Murder beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the trial court’s judgment in toto. The Court held that the prosecution proved appellant’s guilt beyond reasonable doubt.
The Court found the testimony of eyewitness Elvie Gregorio credible, straightforward, and consistent. Her identification of appellant, her uncle, was positive and reliable. The Court rejected the defense of alibi, noting it was weak and uncorroborated, and that appellant failed to prove it was physically impossible for him to be at the crime scene. The Court also found that the qualifying circumstance of treachery was present, as the attack was sudden and unexpected, while the victims were asleep, rendering them defenseless. Evident premeditation was not proven. For the murder charges, the penalty of death was proper, but due to the prohibition on the death penalty at the time of the offense (RA 7659 took effect after the crime), the penalty was reduced to reclusion perpetua. For attempted murder, the penalty imposed by the trial court was within the range provided by law. The awards for civil indemnity, moral damages, and exemplary damages were sustained.
The Court directed that upon finality of the decision, the records be forwarded to the President for the possible exercise of the pardoning power.