PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AVELINO GALGO, DOMITILO GALGO, DIOSDADO GALGO, and NELSON GALGO, accused-appellants.
FACTS
On October 2, 1994, in Badiangan, Iloilo, the victim Tranquilino Quiling was attending a drinking session inside a house. When he opened the door to leave, he was immediately met with gunshots from outside. Prosecution eyewitness Fred Quiling, who was inside the well-lit house, positively identified accused-appellants Nelson and Diosdado Galgo as the ones who fired their shotguns at the victim at close range. He saw accused-appellants Avelino and Domitilo Galgo standing behind them, also armed but not firing. Another witness, Pablito Japitana, corroborated the shooting and later saw all four accused together outside the house. The autopsy revealed the victim died from severe hemorrhage due to multiple gunshot wounds.
The defense presented alibis and denial. Nelson Galgo claimed he was at home and later heard a rumor that another person was the shooter. Avelino and Domitilo similarly denied involvement, suggesting the witnesses were motivated by a past grudge stemming from a family dispute. They asserted they were elsewhere during the incident. The trial court convicted all four accused of Murder qualified by treachery and sentenced them to death, prompting this automatic review.
ISSUE
Whether the guilt of all four accused-appellants for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes, but only for Nelson and Diosdado Galgo. The Supreme Court affirmed the conviction of Nelson and Diosdado for Murder qualified by treachery. The positive identification by two credible eyewitnesses who had a clear view of the shooting, untainted by improper motive, prevailed over their weak defenses of alibi and denial. Treachery was present because the attack was sudden and from outside the house, giving the victim no opportunity to defend himself. However, the Court acquitted Avelino and Domitilo Galgo. Conspiracy must be proven as clearly as the crime itself. The evidence only showed that Avelino and Domitilo were present and armed. Mere presence at the scene, without proof of a prior agreement to kill or acts demonstrating a common criminal purpose, is insufficient to establish conspiracy. The statement attributed to Avelino (“You run, what are you waiting for?”) was ambiguous and did not conclusively prove he directed the attack. Thus, their participation was not established beyond reasonable doubt. The penalty for Nelson and Diosdado was reduced to reclusion perpetua in accordance with prevailing law.
