G.R. No. 131874; August 22, 2002
People of the Philippines, plaintiff-appellee, vs. Judy Matore y Guevarra, accused-appellant.
FACTS
Accused-appellant Judy Matore y Guevarra was charged with murder for the shooting death of Richard Saminado on December 13, 1994, in Sitio Ambulong, Looc, Romblon. Prosecution witness Jimmy Gregorio testified that while inflating his tricycle’s flat tire in front of accused-appellant’s house at around 5:00 p.m., he saw accused-appellant hiding behind a coconut tree holding a long firearm. He heard accused-appellant shout, “Richard, halika na, magpatayan tayo.” After moving his tricycle away, he heard two successive shots and saw accused-appellant fire a third shot towards the house of the victim’s brother, Johnny Saminado. Johnny Saminado testified he heard the shout and three gunshots, and found the victim at his door who stated that accused-appellant shot him. An autopsy confirmed the victim died from gunshot wounds. The accused-appellant interposed the defense of alibi, claiming he was at work until 5:00 p.m. and only learned of the incident later. He alleged ill motives from the witnesses. The trial court convicted him of murder and sentenced him to reclusion perpetua, ordering him to pay damages.
ISSUE
Whether the trial court erred in convicting accused-appellant of murder based on the evidence presented.
RULING
The Supreme Court modified the trial court’s decision. It upheld the credibility of prosecution witness Jimmy Gregorio, whose testimony was found trustworthy and sufficient for conviction. However, the Court ruled that the qualifying circumstances of treachery and evident premeditation were not proven beyond reasonable doubt. The prosecution failed to establish how the attack was executed to ensure the victim’s defenselessness, as the witness did not see the commencement of the shooting. Evident premeditation was not proven from the evidence. Consequently, the crime committed was homicide, not murder. The penalty was modified to an indeterminate sentence of ten (10) years of prision mayor, as minimum, to seventeen (17) years of reclusion temporal, as maximum. The awards of damages were also modified: actual damages reduced to P13,250.00; civil indemnity reduced to P50,000.00; and moral damages of P50,000.00 awarded.