G.R. No. 202124 , April 5, 2016.
People of the Philippines, Plaintiff-Appellee, vs. Ireneo Jugueta, Accused-Appellant.

FACTS

Accused-appellant Ireneo Jugueta was charged with Double Murder for the deaths of minors Mary Grace Divina and Claudine Divina, and with Multiple Attempted Murder against Norberto Divina, his wife Maricel, and children Elizabeth and Judy Ann. The incidents occurred on June 6, 2002, in Atimonan, Quezon. The prosecution’s main witness, Norberto Divina (the father of the deceased and brother-in-law of the appellant), testified that appellant, along with Gilbert Estores and Roger San Miguel, stripped the sack walling of their nipa hut, illuminated by a gas lamp inside, and fired shots at his family after he refused their order to come down. Norberto pleaded for mercy but the assailants fired successive shots. His two young daughters were hit and died. Norberto attributed the motive to a prior altercation where he filed a case against appellant’s brothers for molesting his daughter. The charges against Estores and San Miguel were later dismissed based on a witness’s sworn statement. Appellant proffered alibi, claiming he was watching TV at a house a five-minute walk away. The Regional Trial Court convicted appellant of Double Murder and Multiple Attempted Murder, which the Court of Appeals affirmed.

ISSUE

The main issue advanced by appellant deals with the alleged inconsistencies in Norberto Divina’s testimony, specifically his failure to initially state that all three assailants had guns and to categorically identify appellant as the shooter.

RULING

The appeal is unmeritorious. The Supreme Court affirmed the conviction, upholding the factual findings of the trial court and the Court of Appeals. The Court emphasized that factual findings, including the assessment of witness credibility, are generally accorded the highest respect and will not be disturbed on appeal. The evidence on record, particularly Norberto’s testimony given under the illumination of a gas lamp after the wall was stripped, clearly established that appellant acted in concert with two others, all carrying firearms and simultaneously firing at the family, resulting in the deaths of the two children. The alleged inconsistencies were deemed inconsequential and did not impair Norberto’s overall credibility. The defense of denial and alibi was weak and could not prevail over the positive identification by the eyewitness.