GR 140762; (September, 2003) (Digest)
G.R. No. 140762 ; September 10, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. PO3 ROGER ROXAS Y CABASAG, appellant.
FACTS
The appellant, PO3 Roger Roxas, a SWAT member, was charged with murder for the killing of Lorna Maceda Puno. The prosecution established that on the evening of March 8, 1996, the victim arrived home and was pursued by the appellant, who was shirtless, appeared drunk, and armed. The victim’s sister, Joelyn Maceda, witnessed the appellant kick open their door, confront the victim, and then shoot her in the head at close range with a .45 caliber pistol. A neighbor, Melinda Taliño, also saw the appellant fleeing the scene with a gun. The victim died three days later. The defense presented a different narrative, claiming the appellant was elsewhere and that the shooting occurred during a struggle after he attempted to pacify a commotion, but the trial court found this version unconvincing.
The Regional Trial Court convicted the appellant of murder, qualified by treachery and abuse of superior strength, and imposed the death penalty. The case was elevated to the Supreme Court for automatic review, with the appellant contesting the credibility of the prosecution witnesses and the appreciation of the qualifying circumstances.
ISSUE
The core issue is whether the prosecution proved the appellant’s guilt for murder beyond reasonable doubt and correctly appreciated the qualifying circumstance of abuse of superior strength.
RULING
The Supreme Court affirmed the conviction but modified the penalty and damages. The Court upheld the trial court’s assessment of witness credibility, finding the testimonies of Joelyn Maceda and Melinda Taliño clear, consistent, and credible. Their positive identification of the appellant as the shooter prevailed over his denial and alibi. The Court agreed that the killing was qualified as murder by abuse of superior strength. The appellant, a trained police officer armed with a .45 caliber pistol, used his formidable skill and weaponry to ensure the defenseless victim, an unarmed security guard who had just returned from work, had no chance to resist. This circumstance was clearly established.
However, the Court modified the penalty. While the crime was murder under Article 248 of the Revised Penal Code, punishable by reclusion perpetua to death, the absence of any generic aggravating circumstance warranted the imposition of the lesser penalty of reclusion perpetua. The death penalty was thus reduced. The awards for damages were also adjusted: civil indemnity of P50,000.00 was affirmed; exemplary damages were reduced to P25,000.00 due to the qualifying circumstance; and temperate damages of P25,000.00 were awarded in lieu of unproven actual damages.