GR 173477; (February, 2009) (Digest)
G.R. No. 173477 February 4, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. FRANCO DE GUZMAN a.k.a. FRANCISCO V. DE GUZMAN, JR., Appellant.
FACTS
Appellant Franco de Guzman was charged with Murder for the killing of Dr. Fidelito Manaois on November 14, 2003, in Mangaldan, Pangasinan. The Information alleged treachery and evident premeditation, and that the accused used a motorcycle and a handgun. The Regional Trial Court found him guilty beyond reasonable doubt and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the penalty to death. The case is now on automatic review.
The prosecution presented several witnesses. SPO2 Nestor Quijada testified about a police blotter certification stating that when the appellant’s wife (the victim’s daughter) confronted him in jail, he said she was the one he intended to kill. Dr. Ophelia T. Rivera, the Municipal Health Officer, conducted the autopsy and detailed the victim’s 25 gunshot wounds, stating the cause of death as cardiorespiratory arrest due to hypovolemic shock from multiple gunshot wounds. Pedicab driver Armando B. Nipales testified that he transported the appellant to the crime scene on the evening of the incident; the appellant made a phone call instructing someone to remove a motorcycle’s plate number as they would “execute someone,” then poked a gun at Nipales before alighting. Angelito Malanum, an employee of the victim, testified that he was driving the victim home on a tricycle when they were pursued by two persons on a motorcycle. The back rider, whom Malanum recognized as the appellant, shot at them. The victim was hit first, and Malanum was also hit. After the tricycle fell, Malanum saw the appellant shoot the victim again. Dr. Ma. Odah Manaois de Guzman, the appellant’s wife and the victim’s daughter, testified about the appellant’s prior threats against her and her family, and confirmed the jailhouse confrontation where the appellant said she was his intended target.
The defense presented the appellant, who denied the charges and claimed he was at home watching a movie at the time of the incident. He presented an alibi witness, Mark John Placido, and SPO4 Bennie Centeno, who testified about the appellant’s PNP application, including a neuro-psychiatric test result marked “minimally recommended.”
ISSUE
The core issue is whether the appellant is guilty beyond reasonable doubt of the crime of Murder.
RULING
The Supreme Court affirmed the appellant’s conviction for Murder qualified by treachery. The Court found the testimonies of prosecution witnesses, particularly Angelito Malanum, to be credible and sufficient to establish the appellant’s guilt beyond reasonable doubt. Malanum’s positive identification of the appellant as the shooter was deemed credible and consistent. The appellant’s defense of denial and alibi was found weak and uncorroborated. The Court also upheld the presence of treachery, as the attack was sudden and from behind, giving the victim no opportunity to defend himself. The Court modified the damages awarded by the Court of Appeals. The appellant is sentenced to suffer the penalty of Reclusion Perpetua and is ordered to pay the heirs of the victim the amounts of ₱75,000 as civil indemnity, ₱50,000 as moral damages, and ₱25,000 as exemplary damages, all with legal interest.
