People of the Philippines, Plaintiff-Appellee, vs. Francisco Abaigar, Accused-Appellant.
FACTS
An Information was filed charging appellant Francisco Abaigar with murder for shooting Joseph Gabuya with a homemade shotgun (“Bardog”) on July 11, 2001, in San Jorge, Samar. The appellant pleaded not guilty. The Regional Trial Court found him guilty beyond reasonable doubt of murder, sentencing him to Reclusion Perpetua and ordering him to pay indemnity and damages. The Court of Appeals affirmed the trial court’s judgment. The Supreme Court required supplemental briefs, but both parties adopted their appellate briefs. The appellant argues that the eyewitness, Relecita del Monte, was not credible, claiming she could have forewarned the victim and that poor lighting made identification improbable. The prosecution evidence established that Relecita saw appellant shoot the victim from behind at close range as the victim was opening his door.
ISSUE
Whether the trial court and the Court of Appeals erred in convicting the appellant of murder based on the credibility of the eyewitness testimony and in finding that treachery attended the killing.
RULING
The Supreme Court dismissed the appeal and affirmed the conviction with modifications. The Court held that the assessment of witness credibility is best left to the trial court, and it found no reason to overturn the consistent findings of both lower courts that eyewitness Relecita del Monte was credible and had no ill motive. The Court ruled that the lighting conditions (from a street bulb, passing vehicles, and a kerosene lamp) were sufficient for positive identification. Treachery was correctly established as the victim was shot from behind without any opportunity to defend himself. The penalty of Reclusion Perpetua was affirmed, but with ineligibility for parole pursuant to Republic Act No. 9346. The Court modified the damages: temperate damages of ₱25,000.00 were awarded in lieu of unproven actual damages, exemplary damages were increased to ₱30,000.00, and all damages shall earn interest at 6% per annum from the finality of the judgment until fully paid.
