GR 196735; (August, 2016) (Digest)
G.R. No. 196735 . August 03, 2016.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L. ZINGAPAN, AND ROBERT MICHAEL BELTRAN ALVIR, ACCUSED-APPELLANTS.
FACTS
This case resolves the separate Motions for Reconsideration filed by accused-appellants Christopher Soliva, Warren L. Zingapan, and Robert Michael Beltran Alvir. The Supreme Court, in its Decision dated May 5, 2014, affirmed the Court of Appeals Decision finding them guilty beyond reasonable doubt for the murder of Dennis Venturina and modified the finding to uphold the trial court’s conviction for the attempted murder of private complainants Leandro Lachica, Arnel Fortes, Mervin Natalicio, Cristobal Gaston, Jr., and Cesar Mangrobang, Jr. The incident involved a fraternity-related attack where the victims were assaulted by a group, some of whom were masked. The accused-appellants challenged their identification by the victims and the sufficiency of the Informations.
ISSUE
The sole issue is whether accused-appellants presented substantial arguments in their Motions for Reconsideration to warrant the reversal of the Supreme Court’s May 5, 2014 Decision.
RULING
The Supreme Court denied the Motions for Reconsideration. It held that:
1. The positive identification by the private complainants was credible and sufficient. The testimony of a single witness, if credible and positive, is enough to prove guilt beyond reasonable doubt. The testimonies of the victims were consistent and corroborated by other witnesses. Mervin Natalicio clearly identified Christopher Soliva and Warren Zingapan during the attack, even while parrying blows. Leandro Lachica positively identified Robert Michael Beltran Alvir when his mask fell off during the assault. Inconsistencies alleged by the appellants were misconstrued; witnesses like Ernesto Paolo Tan and Darwin Asuncion corroborated the events, including the presence of masked and unmasked attackers carrying weapons.
2. The Informations sufficiently alleged the aggravating circumstance of “masks and/or other forms of disguise,” complying with Rule 110, Section 6 of the Rules of Criminal Procedure. The purpose is to inform the accused of the nature and cause of the accusation to enable them to prepare their defense. The allegation was clear and provided the necessary factual basis.
3. The penalties imposed were proper. For murder, the penalty is reclusion perpetua. For attempted murder, the penalty is two degrees lower than that for consummated murder, pursuant to Article 51 of the Revised Penal Code. The Court found no reason to modify the penalties.
The impunity of fraternity-related violence must end, and the convictions stand based on evidence proving guilt beyond reasonable doubt.
