G.R. No. 191060. February 2, 2015.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. TOMAS DIMACUHA, JR., EDGARALLEN ALVAREZ, ROD EL CABALLERO, LUIS EVANGELISTA, RICKY BARRIAO, LITO GUALTER, TESS GUALTER, BOGS EVANGELISTA, alias THEO, alias NONONG, alias JOHNY and JOHN DOES, Accused, EDGAR ALLEN ALVAREZ and RODEL CABALLERO, Accused-Appellants.

FACTS

Accused-appellants Edgar Allen Alvarez and Rodel Caballero, along with others (some at-large), were charged with Murder for the fatal shooting of Nicanor Morfe Agon. They pleaded not guilty. The Regional Trial Court (RTC) of Batangas City found them guilty beyond reasonable doubt of Murder, qualified by treachery and evident premeditation, and sentenced them to reclusion perpetua, ordering them to pay civil indemnity. The Court of Appeals (CA) affirmed the conviction but modified the damages. Appellants appealed to the Supreme Court, insisting on insufficient evidence and denial of due process. The prosecution’s case included testimony from George Vitan, a self-confessed gunman and member of the “Black Shark” group, and other former members, Arnel Balocon and Romulo Gasta, who detailed the planning and execution of the killing. The defense argued, among other things, that witnesses did not testify on their sworn statements, the murder weapons and slugs were not presented, and the trial court improperly discontinued their presentation of additional witnesses.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of accused-appellants for the crime of Murder.

RULING

Yes, the Court of Appeals correctly affirmed the conviction. All elements of Murder were established: (1) Agon was killed, as proven by the testimony of responding policeman PO2 Arnold Abdon and the post-mortem findings of Dr. Antonio S. Vertido; (2) appellants killed him, as established by the consistent testimonies of prosecution witnesses Vitan, Balocon, and Gasta, who identified appellants as part of the group that planned and executed the killing; (3) the killing was attended by treachery, as the attack was deliberate, sudden, and denied the unarmed and unsuspecting victim any chance to defend himself; and (4) the killing was not parricide or infanticide. The aggravating circumstance of evident premeditation was also present, as the plan was conceived a day before the execution, providing time for reflection. Conspiracy was proven by the unity of action and purpose among the “Black Shark” members, including appellants, making each equally guilty. Appellants’ claim of denial of due process was unfounded, as the RTC’s discontinuance of their witness presentation was due to their own repeated postponements causing unreasonable delay. Their other arguments regarding the non-presentation of weapons, slugs, or specific testimony on firearm caliber were immaterial, as these are not elements of the crime of murder. The Supreme Court affirmed the CA decision with modifications to the awards of damages.