GR 146099; (April, 2003) (Digest)
G.R. No. 146099; April 30, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. JIMMEL SANIDAD, PONCE MANUEL alias PAMBONG, JOHN DOE (at large) and PETER DOE (at large), accused. JIMMEL SANIDAD and PONCE MANUEL alias PAMBONG, appellants.
FACTS
On January 17, 1999, at around 4:00 AM, a group of men, including Marlon Tugadi, were returning home to Budac, Tagum, Abra, via a passenger jeepney after attending a barangay fiesta in Lagangilang. They had earlier been drinking with appellants Jimmel Sanidad and Ponce Manuel, among others. As the jeepney traversed a dark road, its headlights illuminated appellants and two unidentified companions positioned near a mango tree, armed with an armalite, a .45 caliber pistol, and shotguns. Without warning, they unleashed a volley of fire at the vehicle. The driver attempted to escape, but the assailants pursued on foot, firing continuously until the jeepney stalled.
The ambush left the jeepney riddled with bullets and shattered. Rolando Tugadi was killed, his body later found charred inside the burned vehicle. The other passengers survived with minor injuries. Marlon Tugadi heard one of the assailants tell Sanidad, “My gosh, we were not able to kill all of them.” The police recovered numerous empty shells from the scene. Appellants denied involvement, claiming they were asleep at home when they heard gunfire and an explosion.
ISSUE
Whether the prosecution evidence is sufficient to convict appellants of the complex crime of murder and multiple attempted murder beyond reasonable doubt.
RULING
Yes, the conviction is affirmed. The Supreme Court upheld the trial court’s assessment of witness credibility, finding no reason to deviate from its conclusions. The positive identification of appellants by multiple victims, who had ample opportunity to recognize them under the illumination of the jeepney’s headlights, was credible and consistent. Their testimonies detailed the deliberate ambush and the concerted attack. Appellants’ defenses of denial and alibi were inherently weak and could not prevail over this positive identification, especially as they failed to prove it was physically impossible for them to be at the crime scene.
The Court found conspiracy evident from the appellants’ coordinated actions in positioning themselves, simultaneously firing at the jeepney, and pursuing it together. The statement, “we were not able to kill all of them,” further indicated a common purpose to kill all passengers. This conspiracy gave rise to a single complex crime. The killing of Rolando Tugadi constituted murder, qualified by treachery, as the attack was sudden and unexpected, rendering the victims defenseless. The simultaneous attempt to kill the other passengers constituted multiple attempted murder. The penalty for murder under Article 248 of the Revised Penal Code, as amended, is reclusion perpetua to death. Given the circumstances, the Supreme Court affirmed the imposition of the death penalty.