G.R. No. 132160; June 19, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO DE LEON; FREDDIE DE LEON and PO3 CESAR CABILDO (At large), accused, MARIO DE LEON and FREDDIE DE LEON, accused-appellants.

FACTS

Accused-appellants Mario De Leon and Freddie De Leon, along with PO3 Cesar Cabildo (at large), were charged with Murder for the killing of Danilo Añez on April 15, 1993, in Quezon City. The amended Information alleged conspiracy, treachery, and abuse of superior strength. Both appellants pleaded not guilty; trial proceeded against them as Cabildo remained at large. The Regional Trial Court convicted them and sentenced each to reclusion perpetua and ordered them to pay indemnity. Only Freddie De Leon appealed.
The prosecution evidence, as presented by the Solicitor General, established that: (1) In the early morning of April 15, 1993, the victim’s wife, Leony Añez, and her brother-in-law, while fetching the victim from a wake, saw from about three meters away about five armed men, including appellants Mario and Freddie De Leon, forcing the victim into a Ford Fiera. The area was well-lighted, and Leony recognized Freddie De Leon well as they were neighbors. She saw Freddie carrying an armalite and Mario holding a gun. (2) The shooting was witnessed by Edgardo Miranda, a security guard at San Francisco High School. At around 4:00 a.m., he saw the victim being held by appellants, with Cabildo walking ahead holding a firearm. Miranda recognized all three due to adequate lighting from Meralco posts and a store. After hearing the victim exclaim, “Pare, ano bang kasalanan ko?” and gunfire, Miranda climbed a fence and saw the De Leon brothers shooting the victim while Cabildo watched. (3) The victim sustained fatal gunshot wounds. (4) Leony Añez initially did not report the incident out of fear, as the appellants were often seen at Police Station 5, but later executed an affidavit. Miranda also executed a statement. (5) Accused Mario De Leon executed an extrajudicial confession admitting he and Cabildo killed the victim.
Appellant Freddie De Leon interposed denial and alibi, claiming he was a volunteer reporter and was at Police Station 5 from the evening of April 14 until 4:00 a.m. on April 15, 1993, covering a story about his brother’s killing. He alleged he then accompanied responding policemen to the crime scene upon receiving a report and took pictures of the victim.

ISSUE

The core issue is whether the prosecution proved the guilt of appellant Freddie De Leon beyond reasonable doubt for the crime of Murder.

RULING

The Supreme Court AFFIRMED the conviction. The Court found the positive identification by eyewitnesses Leony Añez and Edgardo Miranda to be credible, consistent, and sufficient to establish appellant’s presence and participation in the crime. Their testimonies were corroborated by the physical evidence and Mario De Leon’s extrajudicial confession. The Court rejected appellant’s defenses of denial and alibi as weak and unsubstantiated, noting that he failed to prove it was physically impossible for him to be at the crime scene. The qualifying circumstance of abuse of superior strength was duly proven, as the attackers were armed and outnumbered the unarmed victim. The penalty of reclusion perpetua was correctly imposed, and the award of P50,000.00 as civil indemnity was sustained.