G.R. Nos. 140727-28; January 31, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAQUIM PINUELA, accused-appellant.

FACTS

Accused-appellant Raquim Pinuela was charged with Frustrated Murder and Murder for the shooting of Salvador Galvez, Jr. and David Galvez on January 30, 1999, in Iloilo City. The prosecution evidence established that at 8:00 a.m., while Salvador was in front of his store talking to Henry Hualde, and his brother David was cleaning a trisikad nearby, accused-appellant alighted from a trisikad, shot David in the head at close range, and then fired five shots at Salvador, hitting his abdomen and thigh. Salvador drew his own gun and shot back but missed as accused-appellant fled. David died from his wound, while Salvador survived after surgery. Dr. Tito Doromal, who conducted the post-mortem on David, stated the cause of death was asphyxia by aspiration of blood from a gunshot wound. Dr. Michael Martinez, who operated on Salvador, testified that the abdominal wound could have been fatal without timely medical intervention. Accused-appellant denied the charges, claiming he was at his house in Zarraga from January 29 to February 1, 1999, due to illness. He admitted a prior grudge against Abraham Galvez (brother of the victims) and that David had killed his brother in 1995. His sister, Gina Pinuela, corroborated his alibi. The Regional Trial Court convicted him of Murder for killing David and Frustrated Homicide for shooting Salvador, sentencing him to reclusion perpetua and an indeterminate penalty, respectively, plus damages.

ISSUE

Whether the trial court erred in finding accused-appellant guilty beyond reasonable doubt based on the eyewitness identification, despite his defenses of denial and alibi and his challenges to the witnesses’ credibility and the judge’s intervention.

RULING

The Supreme Court AFFIRMED the conviction for Murder with MODIFICATIONS and MODIFIED the conviction for Frustrated Homicide to Frustrated Murder. The Court held that the positive identification of accused-appellant by eyewitnesses Salvador Galvez, Jr. and Rodney Albito, who knew him for years and had no ill motive to testify falsely, was credible and prevailed over his denial and alibi. The conditions of visibility were favorable (8:00 a.m., close proximity, unobstructed view). The relationship of a witness (Albito was a helper) does not automatically erode credibility. The prosecution’s failure to present another witness, Henry Hualde, did not create an adverse presumption, as the choice of witnesses is the prosecution’s prerogative. The trial judge’s clarificatory questions during trial were proper and showed no bias. Treachery attended the killing of David, as the attack was sudden, without provocation, while he was squatting with his head bent, giving him no opportunity to defend himself. The Court also found treachery in the attack on Salvador, as it was similarly sudden and unexpected while he was conversing, warranting a conviction for Frustrated Murder, not Frustrated Homicide. The penalty for Frustrated Murder was set at an indeterminate sentence of Eight (8) Years and One (1) Day of prision mayor, as minimum, to Fourteen (14) Years, Eight (8) Months and One (1) Day of reclusion temporal, as maximum. Civil indemnity for David’s death was reduced to P50,000.00, with an additional P50,000.00 as moral damages. The award of P57,000.00 as actual damages to Salvador was affirmed.