G.R. No. 147315; January 13, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. TOMAS VISPERAS, JR. alias “BOY SAKSAK”; JACINTO CRUZ alias “BOY LAGARE” (acquitted); and AVELINO CABLAYAN alias “WILLY” (acquitted), accused, TOMAS VISPERAS, JR. alias “BOY SAKSAK,” appellant.

FACTS

On June 23, 1999, around 10:45 p.m., in Barangay Embarcadero, Mangaldan, Pangasinan, Elmadona de Guzman was in her kitchen when she heard gunbursts. Looking out the window, illuminated by a nearby house light, she saw accused Jacinto Cruz holding a long gun pointed at her falling, bloodied husband, Tito de Guzman. Appellant Tomas Visperas, Jr. then ran towards the falling victim and shot him at close range on the forehead. Accused Avelino Cablayan then touched the body and said “let’s go.” The victim was brought to the hospital but was pronounced dead on arrival. Dr. Ophelia Rivera conducted an autopsy, finding the fatal head wound caused “cardiorespiratory arrest secondary to massive brain injury.” Police investigators found an empty .30 caliber shell and blood stains at the scene. The accused, including appellant, interposed the defense of alibi. The Regional Trial Court convicted appellant of Murder and sentenced him to reclusion perpetua, while acquitting his co-accused. Appellant appealed, challenging the credibility of the lone eyewitness (Elmadona) and the sufficiency of the evidence.

ISSUE

Whether the testimony of the lone eyewitness, Elmadona de Guzman, is credible and sufficient to convict appellant of the crime charged.

RULING

The appeal is partly meritorious. The Supreme Court affirmed the conviction but modified the crime from Murder to Homicide. The Court ruled that the credible and positive testimony of a single eyewitness is sufficient to sustain a conviction. Elmadona de Guzman’s unwavering and unequivocal testimony, which positively identified appellant as the assailant who shot the victim at close range on the forehead, was found credible and sufficient to establish guilt beyond reasonable doubt, causing the defense of denial and alibi to collapse. However, the qualifying circumstance of treachery was not proven, as the initial attack from a distance with a rifle (by the acquitted co-accused) and the subsequent close-range shot by appellant were two separate acts. Without any proven qualifying circumstance, the killing constitutes Homicide only, not Murder. Appellant Tomas Visperas, Jr. is found guilty of Homicide and sentenced to an indeterminate penalty 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. He is ordered to pay the heirs of the victim P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as temperate damages.