G.R. No. 175330; January 12, 2010
PEOPLE OF THE PHILIPPINES, Appellee, vs. RODOLFO CAPITLE and ARTURO NAGARES, Appellants.

FACTS

On August 6, 1993, at around 7:40 a.m., Barangay Chairman Avelino Pagalunan was gunned down by four men at Orambo Drive, Pasig City. The incident was witnessed by Ruiz Constantino and Solomon Molino, who were seated nearby. The victim died from multiple gunshot wounds. Initially, witness Solomon Molino gave a statement but failed to identify the assailants. On September 29, 1993, appellant Arturo Nagares was apprehended by the Pasig Police for a separate conviction for Frustrated Homicide. He was taken into custody by the National Bureau of Investigation (NBI). The following day, September 30, 1993, Ruiz Constantino identified Nagares from photographs as one of the assailants. Another witness, Rodolfo Paat, also identified Nagares from photographs, stating he saw four armed men running from the scene. Solomon Molino likewise identified Nagares from photographs on the same day. On October 19, 1993, while in NBI custody, Nagares executed an extrajudicial confession before Atty. Orlando V. Dizon, with the assistance of Atty. Esmeralda E. Galang, implicating Vice Mayor Anching De Guzman as the mastermind and naming Rodolfo Capitle, Elymar Santos, and a John Doe as his cohorts. On March 21, 1994, Solomon Molino gave a statement to the Pasig Police identifying Rodolfo Capitle, who had been arrested on a warrant for Frustrated Homicide. On March 26, 1994, Rodolfo Paat executed another statement identifying Capitle from photographs. An Information for Murder was filed against Capitle and Nagares on April 4, 1994, and later amended on September 29, 1994, to include Ramil Marquina as an accused. All three pleaded not guilty at arraignment. During trial, prosecution witnesses Ruiz Constantino and Rodolfo Paat identified appellants Nagares and Capitle in open court as perpetrators. The defense of both appellants was alibi. Nagares claimed he was sick and at his sister’s house, and that his extrajudicial confession was extracted through force and torture. Capitle claimed he was at home and was later tortured by the NBI to confess. The Regional Trial Court convicted appellants Nagares and Capitle of Murder, sentencing them to reclusion perpetua and ordering them to pay damages, while acquitting Ramil Marquina. The Court of Appeals affirmed the trial court’s decision.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of appellants Rodolfo Capitle and Arturo Nagares for the crime of Murder.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals. The conviction of appellants Rodolfo Capitle and Arturo Nagares for Murder is upheld. The Court found the testimonies of eyewitnesses Ruiz Constantino and Rodolfo Paat credible and sufficient to establish the guilt of the appellants beyond reasonable doubt. Their positive identification prevailed over the defenses of alibi and denial. The Court also noted that the extrajudicial confession of Nagares, while obtained with the assistance of counsel, was not solely relied upon for conviction, as the eyewitness accounts were already conclusive. The qualifying circumstance of treachery was duly proven, as the attack was sudden and without warning, ensuring the victim’s defenselessness. The penalty of reclusion perpetua and the awarded damages were affirmed.