G.R. No. 130605; June 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIX UGANAP alias Commander Matador, FAUSTINO UGANAP, SALVADOR UGANAP, NONOY PANDAY, TIRSO ARANG and four (4) JOHN DOES, accused. FELIX UGANAP, accused-appellant.

FACTS

An Information was filed against Felix Uganap, Salvador Uganap, Faustino Uganap, Nonoy Panday, Tirso Arang, and four John Does for the Murder of Pedro Arang. Salvador Uganap died before arrest. The prosecution presented six witnesses, including eyewitness Samuel Arang (victim’s cousin) and Dr. Jose Ladrido. Samuel Arang testified that on January 6, 1990, he saw the accused armed at Salvador Uganap’s house. They proceeded to the victim’s house, Salvador Uganap kicked the door, and when Pedro Arang opened it carrying a lamp, Felix Uganap shot him. The victim shouted for help. Samuel Arang fled. Prosecution witness Nolly Luchavez testified that the accused were members of the vigilante group Ituman, with Felix Uganap as “Commander Matador.” He stated that Faustino Uganap proposed the killing and paid Felix P3,000 for it in December 1989, but the plan was aborted and later carried out on January 6. Luchavez did not participate due to illness. Two other witnesses heard gunshots and a shout. The necropsy report indicated the victim died from seven stab wounds and three gunshot wounds, all located on his back. The accused interposed denials and alibis. The Regional Trial Court (RTC) found the evidence for conspiracy insufficient and acquitted Faustino Uganap, Nonoy Panday, and Tirso Arang. The RTC concluded, based on the necropsy report and witness accounts, that the victim was first stabbed by Salvador Uganap and then shot by Felix Uganap as he was slumping down. The RTC found treachery in the mode of attack. Since Salvador Uganap was deceased, only Felix Uganap was convicted of Murder and sentenced to reclusion perpetua. He appealed.

ISSUE

Whether the accused-appellant Felix Uganap is guilty of the crime of Murder.

RULING

The Supreme Court affirmed the conviction of accused-appellant Felix Uganap for Murder. The Court found the testimony of eyewitness Samuel Arang credible and sufficient to establish Felix Uganap’s presence and participation in the killing. The Court upheld the trial court’s finding of treachery (alevosia), as the attack was sudden and from behind, ensuring the victim had no opportunity to defend himself. The Court agreed with the trial court that conspiracy was not proven beyond reasonable doubt as to the other accused, but that Felix Uganap’s individual liability was established. The Court modified the award of damages, increasing the civil indemnity to P50,000.00, awarding moral damages of P50,000.00, and actual damages of P25,000.00 for burial expenses based on the widow’s testimony. The penalty of reclusion perpetua was affirmed.