GR 189281; (February, 2011) (Digest)
G.R. No. 189281 ; February 23, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROMEO ANCHES, Appellant.
FACTS
On October 30, 1990, an Information was filed accusing appellant Romeo Anches and Pat. Edgardo Gedo Cruz of the murder of Vicente Pabalay on May 30, 1990, in Bacolod, Lanao del Norte. The appellant was arrested on April 4, 2002, and pleaded not guilty. The prosecution presented eyewitness Manuel Pomicpic, who testified that at about 11:00 p.m. on May 30, 1990, he saw the appellant and Edgardo Gedo Cruz on a motorcycle stop in front of the victim. The appellant offered the victim a ride, which was declined. The victim walked away and crossed the national highway. The appellant alighted, followed him, and upon the victim turning around, shot him several times. The wounded victim sought help at a nearby house, where Nida Pomicpic and her husband Olimpio assisted him. When CHDF members arrived, the victim identified the appellant as the shooter before being taken to the hospital. Dr. Daniel Rigor found the victim sustained nine gunshot wounds; the victim died ten hours later. The appellant interposed the defense of alibi, claiming he was at the PC Camp in Kolambugan with fellow policemen on the night of the incident and was not allowed to leave.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s decision finding appellant Romeo Anches guilty of murder beyond reasonable doubt.
RULING
The Supreme Court affirmed the appellant’s conviction for murder. The Court found no reason to disturb the findings of the RTC, as affirmed by the CA. The eyewitness account of Manuel Pomicpic, corroborated by the victim’s antemortem statement, was deemed more credible than the appellant’s alibi. The qualifying circumstance of treachery was correctly appreciated, as the attack was deliberate, sudden, and unexpected, affording the unarmed victim no opportunity to defend himself. The penalty of reclusion perpetua was upheld. The Court modified the damages awarded: appellant is ordered to pay the heirs of Vicente Pabalay ₱50,000 as civil indemnity, ₱50,000 as moral damages, ₱25,000 as temperate damages, and ₱30,000 as exemplary damages.