G.R. No. 167464 ; January 21, 2010
Ronnie Sumbillo, Francisco Sericon, Joselito Sericon, and Felix Gayuso, Jr., Petitioners, vs. People of the Philippines, Respondent.

FACTS

Petitioners Ronnie Sumbillo, Francisco Sericon, Joselito Sericon, and Felix Gayuso, Jr. were charged with the frustrated murder of Edilberto Pangan, Jr. The prosecution evidence established that on November 15, 1995, at around 8:00 p.m., Pangan went to get his jeep to bring his wife to the hospital after seeing her bruises. While removing the jeep’s cover, Sumbillo suddenly appeared, aimed a gun at him, and repeatedly pulled the trigger, but the gun did not fire. Pangan hid, then ran towards his house. Francisco Sericon, Joselito Sericon, and Felix Gayuso, Jr. stopped and held him, but he freed himself. While running away, Pangan heard a gunshot, fell unconscious, and was later brought to the hospital. The attending physician testified that Pangan had a hematoma and contusion at the back of his head but was in normal condition. The defense presented alibis and denial. Sumbillo claimed he was on duty as a Barangay Tanod. The others claimed they were elsewhere or learned of the incident later. An affidavit of desistance signed by Pangan was presented, but the trial court deemed it an afterthought and a product of a bargain. The Regional Trial Court convicted Sumbillo as principal and the others as accomplices for Attempted Murder. The Court of Appeals affirmed with modification on the penalty.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the petitioners for Attempted Murder.

RULING

The Supreme Court denied the appeal and affirmed the Court of Appeals’ decision with modification. The Court held that the prosecution proved the guilt of the petitioners beyond reasonable doubt. The positive identification and testimonies of the prosecution witnesses prevailed over the defenses of alibi and denial. The inconsistencies in the witnesses’ testimonies pertained to minor details and did not affect their credibility. Treachery was present as Sumbillo’s attack was sudden, and the act of the other petitioners in holding Pangan deprived him of a chance to defend himself or escape. The penalty for Sumbillo as principal was an indeterminate prison term of four years, two months and one day of prision correccional as minimum to eight years and one day of prision mayor as maximum. The accomplices were sentenced to suffer imprisonment of six months of arresto mayor, as minimum, to four years and two months of prision correccional, as maximum. In addition to the awarded medical expenses of ₱12,000, the victim was entitled to ₱25,000 as exemplary damages.