GR 145505; (March, 2003) (Digest)
G.R. No. 145505; March 14, 2003
THE PEOPLE OF THE PHILIPPINES, appellee, vs. RICARDO GARCIA @ Carding, CHRISTOPHER GARCIA and ANDREW TOMELDEN @ Andut Duling, accused, RICARDO GARCIA @ Carding, appellant.
FACTS
This is an automatic review of the conviction for murder and the imposition of the death penalty on accused-appellant Ricardo Garcia. The prosecution established that the victim, Assistant City Engineer Ismael dela Cruz, had been receiving death threats from the Garcia family due to a feud. On February 24, 1999, while dela Cruz was in his car driven by his security guard, PO3 Wilfredo Sanoy, their path was blocked by a jeepney. A motorcycle carrying appellant Ricardo Garcia, his nephew Christopher Garcia, and Andrew Tomelden pulled alongside. Sanoy testified that he saw Ricardo Garcia turn, raise a .45 caliber pistol, and shoot dela Cruz at close range, hitting him in the forehead and forearm. The victim died days later from his injuries.
The defense presented alibi, claiming Ricardo Garcia was elsewhere during the shooting. The trial court found the testimony of eyewitness Sanoy credible and convicted Ricardo Garcia of murder qualified by treachery. The court imposed the death penalty and ordered the payment of damages. Co-accused Christopher Garcia and Andrew Tomelden remained at large.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua and recalculated the damages. The Court upheld the trial court’s assessment of witness credibility, finding no ill motive for PO3 Sanoy to falsely testify against the appellant. His positive identification, detailing the appellant’s actions immediately before and during the shooting, was deemed credible and sufficient to establish guilt. The Court agreed that treachery attended the killing. The attack was sudden and deliberate, executed in a manner that ensured the victim, who was unarmed and seated in a stationary vehicle, had no opportunity to defend himself. This method directly and specially ensured the execution of the crime without risk to the assailant.
However, the Court reduced the penalty from death to reclusion perpetua. The qualifying circumstance of treachery was not alleged with specificity in the Information. While proven during trial, the failure to allege it with particularity in the charging document bars its use for imposing the supreme penalty. The Court also modified the awarded damages, granting civil indemnity, temperate damages, exemplary damages, and the computed loss of earning capacity, while disallowing unsubstantiated actual damages and moral damages due to lack of testimonial evidence from the heirs.