G.R. No. 138303 , November 26, 2001
People of the Philippines vs. Elroswell Manzano y Brebonera @ Boy Ulo

FACTS

The prosecution’s case, primarily through the eyewitness account of Federico Acero, established that on the evening of April 10, 1995, in Valenzuela, Metro Manila, accused-appellant Elroswell Manzano shot the victim, Ernesto Kasilag. Federico, who knew both parties as neighbors, testified that he was chatting with friends about five steps away when Manzano appeared and shot Kasilag, who was sitting quietly with his head bowed. After the shooting, Manzano casually walked away. The victim fled but later died from multiple gunshot wounds. The victim’s wife, Angelita Kasilag, testified that three days prior, her husband had told her that if anything happened to him, she should blame only “Romeo Manzano,” identified as the appellant. The medico-legal report confirmed the cause of death as gunshot wounds.
The defense interposed denial and alibi. Manzano claimed that at the time of the incident, he was at his sister’s house in Bagong Silang, Caloocan City, taking care of his niece. He admitted knowing the victim by face from occasional visits to his brother’s house in Valenzuela but denied any involvement in the killing. The trial court found the prosecution’s evidence credible and convicted Manzano of murder qualified by treachery, sentencing him to reclusion perpetua and ordering him to pay indemnity and damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of murder based on the evidence presented.

RULING

The Supreme Court affirmed the conviction. The Court found the positive identification by eyewitness Federico Acero to be credible, convincing, and sufficient to establish guilt beyond reasonable doubt. The witness had a clear view of the incident from a short distance, knew the appellant for two years, and had no ill motive to falsely testify. His testimony was straightforward and consistent. The defense of alibi was inherently weak and could not prevail over this positive identification. The Court also upheld the finding of treachery (alevosia), as the mode of attack—shooting the unsuspecting victim who was sitting with his head bowed—ensured the execution of the crime without risk to the appellant. However, the Court modified the award of damages, increasing the civil indemnity to P50,000 and awarding moral damages of P50,000, but deleting the award for loss of earning capacity due to insufficient proof of the victim’s stable income. The award for actual damages (funeral expenses) was sustained based on the receipt presented.