GR 174064; (June, 2007) (Digest)
G.R. No. 174064, June 8, 2007
People of the Philippines vs. Henry Togahan, Emeldo Lauro, Danilo Balindo (at large), and Marco Turga (at large)
FACTS
Appellants Henry Togahan and Emeldo Lauro, along with two others at large, were charged with two counts of murder for the killings of Ananias Villar, Sr. and David Gene Richardson on May 12, 2000. The prosecution evidence established that two armed, masked men entered the victims’ residence in Barobo, Surigao del Sur. Ananias Villar was shot and clubbed to death on his balcony. Inside the house, Togahan pointed a gun at Vilma Villar-Richardson, but it misfired. Her husband, Richardson, struggled with Togahan, during which Togahan’s mask was removed, enabling Vilma to identify him. Emeldo Lauro then shot Richardson, who later died. Vilma identified Lauro by his voice and physical appearance when he declared, “We are here for war.” Eyewitness Lowelito Villar, positioned outside, corroborated the events and identified three assailants, including appellants, noting the area was illuminated.
ISSUE
Whether the guilt of appellants Henry Togahan and Emeldo Lauro for the crime of murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The positive identification by eyewitnesses Vilma Villar-Richardson and Lowelito Villar was deemed credible and sufficient to establish appellants’ culpability. The Court found no reason to deviate from the trial court’s assessment of witness credibility, as the witnesses had a clear view of the assailants under adequate lighting and were familiar with them. The defense of alibi proffered by the appellants was correctly rejected, as it could not prevail over positive identification. Furthermore, the qualifying circumstance of treachery was properly appreciated. The attack was sudden and unexpected, employing means that ensured the execution of the crime without risk to the assailants from any defense the victims could offer. The victims were unarmed and taken by surprise in their own home, rendering them incapable of putting up a meaningful defense. The Court thus upheld the finding of murder qualified by treachery. The awards of damages were modified in line with prevailing jurisprudence, but the prison sentence of reclusion perpetua for each count of murder was affirmed.