GR 185841; (August, 2009) (Digest)
G.R. No. 185841 ; August 4, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ISMAEL DIAZ @ Maeng and RODOLFO DIAZ @ Nanding, Accused-Appellants.
FACTS
On April 15, 1998, during a victory ball celebration in Dagupan City, accused-appellants Ismael Diaz and Rodolfo Diaz shot and killed City Councilor Elmer Quinto and his police escort, SPO1 Richard Dalioan. The prosecution presented multiple eyewitnesses, including Ernesto Decano and Arnel Quinto, who testified that they saw Ismael Diaz shoot Councilor Quinto from behind with a .45 caliber pistol. When SPO1 Dalioan drew his service firearm in response, Rodolfo Diaz fired an M16 Armalite rifle, hitting the police officer. The appellants fled the scene. The victims died from their gunshot wounds.
The defense presented alibi and denial. Ismael Diaz claimed he was at home, while Rodolfo Diaz asserted he was at a different location attending to a car trouble. The Regional Trial Court found the accused guilty of two counts of Murder, a decision affirmed by the Court of Appeals. The appellants elevated the case to the Supreme Court, arguing the prosecution failed to prove their guilt beyond reasonable doubt and questioning the credibility of eyewitness identification.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of accused-appellants Ismael Diaz and Rodolfo Diaz for two counts of Murder.
RULING
The Supreme Court denied the appeal and affirmed the convictions. The Court held that the prosecution successfully proved the guilt of the appellants beyond reasonable doubt. The testimonies of the eyewitnesses were found credible, consistent, and positive. The Court emphasized that alibi and denial are inherently weak defenses and cannot prevail over the positive identification by credible witnesses. The witnesses had no ill motive to falsely testify against the appellants, and their proximity to the event allowed for a clear view.
Regarding the qualifying circumstances, the Court affirmed the presence of treachery (alevosia) for both killings. The attack on Councilor Quinto was sudden and from behind, giving him no opportunity to defend himself. The shooting of SPO1 Dalioan, who was reacting to the first attack, was also treacherous as he was shot immediately upon drawing his weapon, ensuring the execution of the attack without risk to the assailants. The Court modified the awards for damages in accordance with prevailing jurisprudence but sustained the penalties of reclusion perpetua for each count of Murder, as the death penalty was not in effect at the time of the commission of the crimes.