GR 134129; (May, 2001) (Digest)
G.R. No. 134129 May 10, 2001
The People of the Philippines, plaintiff-appellee, vs. Ramon Salipdan and Rafael Maglente, accused-appellants.
FACTS
On November 9, 1994, in Sitio Malbog, Sta. Catalina, Negros Oriental, Antonio Abergas was fatally attacked. Eyewitness Leticia Depillo, who was babysitting the victim’s son at his house, testified that she saw accused-appellants Ramon Salipdan and Rafael Maglente approach Antonio, who was watering his crops. Salipdan, walking ahead, pulled out a .38 caliber pistol and shot the unsuspecting victim in the back. As Antonio fell, Salipdan fired two more shots. Maglente stood behind Salipdan during the shooting. The two then dragged the victim about fifteen meters to a large rake, where Maglente held the victim while Salipdan took the victim’s own bolo and inflicted a deep hack wound on his neck. The autopsy confirmed three gunshot entrance wounds and the severe neck injury. Salipdan later surrendered with a homemade pistolized shotgun and a bolo, claiming he wrested the gun from the victim in self-defense.
ISSUE
Whether the guilt of accused-appellants for the crime of Murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Leticia Depillo to be clear, consistent, and credible. Her vantage point from the house balcony provided an unobstructed view of the entire incident. The physical evidence, particularly the recovered .38 caliber bullet incompatible with the homemade shotgun Salipdan surrendered, thoroughly discredited the claim of self-defense. This incompatibility indicated Salipdan used a different firearm and later presented the crude gun to fabricate a scenario supporting his plea. The Court emphasized the primacy of physical evidence in ballistics, noting the infallible markings a gun barrel imprints on a fired bullet.
The manner of attack constituted treachery. The appellants, acting in conspiracy, surprised the victim from behind while he was engaged in a peaceful activity, rendering him defenseless. The subsequent act of dragging his body and inflicting a hack wound almost severing his head further demonstrated their deliberate intent to kill. The crime is Murder under Article 248 of the Revised Penal Code. With no modifying circumstances, the penalty of reclusion perpetua and the award of P50,000.00 civil indemnity were upheld. The trial court’s decision was affirmed in its entirety.