GR 187682; (November, 2009) (Digest)
G.R. No. 187682 ; November 25, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-appellee, vs. ROMAN LACADEN y PARINAS, Accused-Appellant.
FACTS
On the evening of May 18, 2005, cousins Jay and Danny Valencia were pushing their stalled motorcycle home in Santiago City. Accused-appellant Roman Lacaden and his cousin, Pinoy, riding another motorcycle, passed by and accused them of stealing the bike. After a brief verbal altercation, the two groups separated. Later, as Jay and Danny continued walking, Lacaden suddenly emerged from a roadside banana plantation and shot them. Jay was hit in the chest but managed to escape. He witnessed Lacaden shoot Danny, who died instantly. Jay survived after medical treatment.
The defense presented a different account, claiming that only a fistfight occurred between Pinoy and Danny after a heated exchange, which was quickly pacified. Lacaden denied shooting the victims, alleging a conspiracy by local officials to frame him. The Regional Trial Court convicted Lacaden of Murder for Danny’s death and Attempted Murder for the attack on Jay. The Court of Appeals affirmed the conviction, prompting this appeal.
ISSUE
The core issue is whether the prosecution proved Lacaden’s guilt for Murder and Attempted Murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the convictions. The Court found the testimony of eyewitness Jay Valencia credible, positive, and consistent. He clearly identified Lacaden as the gunman who emerged from the dark and shot them without warning. His testimony was corroborated by the autopsy report on Danny. The defense of denial and frame-up was weak and unsupported by evidence, failing to overcome the positive identification. For the killing of Danny, the qualifying circumstance of treachery was present because the sudden and unexpected attack from a concealed position ensured the victim had no opportunity to defend himself. For the shooting of Jay, the crime was properly classified as Attempted Murder, not Frustrated Murder. The prosecution failed to prove that Jay’s injuries were fatal, a necessary element for Frustrated Murder. Since Lacaden performed all acts of execution but the fatal consequence was not proven, the crime is Attempted Murder. The Court modified the awards of damages accordingly but sustained the penalties of reclusion perpetua for Murder and an indeterminate sentence for Attempted Murder.