G.R. No. 148699 November 15, 2002
The People of the Philippines, plaintiff-appellee, vs. AM Wilson Manijas y Lim, accused-appellant.

FACTS

Accused-appellant AM Wilson Manijas y Lim, a member of the Philippine Air Force, was charged with Murder for the killing of M/Sgt. Emerme S. Malit on May 28, 1999, in Zamboanga City. The information alleged that accused-appellant, armed with a Baby Armalite and conspiring with an unidentified companion, with treachery and intent to kill, shot the victim, inflicting mortal wounds. Upon arraignment, he pleaded not guilty. The prosecution presented nine witnesses. T/Sgt. Henry Bona and M/Sgt. Armando Agadier testified that they were with the victim at a karaoke bar and later at the “Roadside Snack House.” As they left the snack house around 3:00 AM, M/Sgt. Malit was first to exit. A burst of gunfire was heard, and Malit fell. Both witnesses, from inside the snack house, peeped through slits in the walls and saw accused-appellant Manijas holding a Baby Armalite rifle near the victim’s body. They identified him due to adequate lighting from street lamps and because they knew him personally from previous assignments. They saw accused-appellant take the victim’s .45-caliber pistol, join a taller companion, and flee on a blue tricycle. T/Sgt. Bona initially withheld the assailant’s identity from police out of fear but later revealed it to military authorities. Captain Jose Torres, Jr. corroborated Bona’s immediate report. SPO1 Elmer Acuña testified that accused-appellant surrendered a Baby Armalite rifle days after the incident. The victim’s wife testified on damages. The medico-legal officer confirmed the cause of death was multiple gunshot wounds. The defense presented accused-appellant, who denied the charges and claimed he was at home with his family at the time, a claim supported by his wife and a neighbor. The Regional Trial Court found accused-appellant guilty of Murder qualified by treachery and sentenced him to reclusion perpetua, plus damages.

ISSUE

The main issue is whether the prosecution proved the guilt of accused-appellant for the crime of Murder beyond reasonable doubt.

RULING

The Supreme Court AFFIRMED the decision of the Regional Trial Court. The Court held that the prosecution proved accused-appellant’s guilt beyond reasonable doubt. The positive identification by eyewitnesses T/Sgt. Bona and M/Sgt. Agadier, who had no ill motive to testify falsely, was credible and prevailed over accused-appellant’s denial and alibi. The witnesses had a clear view of the assailant under well-lighted conditions and knew him personally. Their testimonies were consistent and corroborated by the immediate report to Captain Torres. The Court found the qualifying circumstance of treachery present, as the attack was sudden and unexpected, giving the victim no opportunity to defend himself. The Court rejected the defense of alibi as weak and not physically impossible. However, the Court appreciated the mitigating circumstance of voluntary surrender, as established by defense witness SPO1 Acuña’s testimony that accused-appellant surrendered to authorities. The penalty of reclusion perpetua was affirmed, along with the award of civil indemnity, moral damages, and exemplary damages to the victim’s heirs.