GR 138887; (September, 2000) (Digest)
G.R. No. 138887 ; September 26, 2000
People of the Philippines, plaintiff-appellee, vs. Jurrie Dubria, accused-appellant.
FACTS
The accused-appellant, Jurrie Dubria, was charged with the murder of Patricio Calambro, Jr. in Maasin, Iloilo. The prosecution presented eyewitness Virgilio Medina, who testified that on September 30, 1996, while he and the victim were walking, he saw Dubria emerge from hiding, shoot Calambro twice with a long homemade firearm from a distance of two to three meters, and then hack the fallen victim with a bolo. Medina, a barriomate who knew Dubria since childhood, positively identified him. The victim’s mother, Norma Calambro, corroborated the report of the incident and testified on the expenses incurred.
The defense interposed alibi, presenting witnesses who claimed Dubria was in Alimodian, Iloilo, planting bananas throughout the day of the crime. The trial court rejected this defense, convicted Dubria of murder qualified by treachery, and sentenced him to reclusion perpetua. The accused appealed, challenging the credibility of the eyewitness and the finding of treachery.
ISSUE
The core issues were: (1) whether the prosecution proved the guilt of the accused beyond reasonable doubt, and (2) whether the qualifying circumstance of treachery was duly established.
RULING
The Supreme Court affirmed the conviction. The positive identification by eyewitness Virgilio Medina, who had no ill motive to testify falsely, prevailed over the weak defense of alibi. The Court found no reason to overturn the trial court’s assessment of Medina’s credibility, noting his clear and consistent narration of events. The defense of alibi failed as the accused did not prove it was physically impossible for him to be at the crime scene; the distances between locations were negotiable within the timeframe.
Regarding treachery, the Court upheld its presence. The attack was sudden and from a concealed position, ensuring the victim had no opportunity to defend himself. The mode of execution—shooting from close range followed by hacking—directly and specifically ensured the execution of the crime without risk to the assailant. The Court modified the damages awarded, adding ₱273,600.00 for loss of earning capacity, computed based on the victim’s age and income, in addition to affirmed awards for death indemnity, moral, and actual damages.