GR 176354; (August, 2010) (Digest)
G.R. No. 176354; August 3, 2010
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. WILSON LOPEZ, VICTORINO CRUZ @ BONG MADAYAG and FELIPE MAGLAYA, JR., Accused-Appellants.
FACTS
On the evening of June 28, 1997, four armed men wearing bonnets entered the Tabora compound in San Jose, Occidental Mindoro. They subdued and tied up the security guards. The victim, Melchor Tabora, Sr., was in the kitchen when two of the men followed him. As Tabora retreated and called for the guards, a single gunshot was heard. He died from a gunshot wound from an M-16 armalite rifle. Immediately after the shooting, witnesses saw four men leaving the compound with their bonnets rolled up to their foreheads. Multiple witnesses positively identified three of these men as the appellants: Wilson Lopez, Victorino Cruz (alias Bong Madayag), and Felipe Maglaya, Jr. Cruz was seen carrying a long firearm.
ISSUE
Whether the prosecution proved the guilt of the appellants beyond reasonable doubt for the crime of Murder.
RULING
Yes, the Supreme Court affirmed the conviction. The positive identification by multiple eyewitnesses, who had a clear view of the appellants as they fled with their disguises removed under sufficient lighting conditions, was found credible and conclusive. The Court upheld the trial court’s assessment of witness credibility, noting no ill motive for their testimonies. The collective and consistent narrations of the witnesses established the appellants’ presence and participation in the criminal act. The qualifying circumstance of treachery was correctly appreciated. The attack was deliberate and employed means which ensured the execution of the crime without risk to the appellants from any defense the victim could make, as the armed assailants suddenly confronted the unarmed victim within his own compound. The Court modified the awards for damages in accordance with prevailing jurisprudence but sustained the penalty of reclusion perpetua, as the prosecution did not prove any aggravating circumstance warranting the death penalty.