GR 184958; (September, 2009) (Digest)
G.R. No. 184958; September 17, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ANTHONY C. DOMINGO and GERRY DOMINGO, Accused-Appellants.
FACTS
Accused-appellant Anthony C. Domingo was charged with Murder for the death of Rosemelyn de Pedro and Frustrated Murder for the injuries to Vivian Domingo. The prosecution alleged that on July 18, 1999, in Altavas, Aklan, Anthony and his brother Gerry, armed with a homemade shotgun, fired at a house where the victims were inside. Rosemelyn was fatally shot in the head, while Vivian sustained multiple gunshot wounds. The prosecution presented eyewitness Nida de Pedro Domingo, who identified the appellants as the assailants, and Leopoldo de Pedro, who corroborated the events. Anthony interposed the defense of alibi, claiming he was at a different house across a river at the time of the incident.
The Regional Trial Court convicted Anthony of Murder and Frustrated Murder, finding the eyewitness testimonies credible and noting the presence of treachery. The Court of Appeals affirmed the conviction. Anthony appealed to the Supreme Court, arguing the prosecution failed to prove his guilt beyond reasonable doubt and questioning the credibility of witnesses.
ISSUE
Whether the Court of Appeals erred in affirming Anthony Domingo’s conviction for Murder and Frustrated Murder.
RULING
The Supreme Court denied the appeal and affirmed the conviction with modification to the damages awarded. The Court upheld the factual findings of the lower courts, emphasizing that the assessment of witness credibility is best undertaken by the trial court. The positive identification by eyewitness Nida, who was familiar with the appellants as her brothers-in-law, prevailed over the weak defense of alibi. For alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of being at the crime scene. Anthony failed to prove such impossibility, as the distance to the crime scene was not insurmountable.
The qualifying circumstance of treachery was correctly appreciated. The attack was sudden and unexpected, employing a shotgun fired from outside the house at unsuspecting victims engaged in domestic activities, depriving them of any chance to defend themselves. The Court sustained the penalty of reclusion perpetua for Murder. Regarding damages, the Court modified the awards, ordering Anthony to pay the heirs of Rosemelyn de Pedro PhP75,000 as civil indemnity, PhP75,000 as moral damages, and PhP30,000 as exemplary damages, consistent with prevailing jurisprudence. The conviction for Frustrated Murder was also affirmed.