G.R. No. 205228 July 15, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROLLY ADRIANO y SAMSON, LEAN ADRIANO @ DENDEN, ABBA SANTIAGO y ADRIANO, JOHN DOE AND PETER DOE, Accused, ROLLY ADRIANO y SAMSON, Accused-Appellant.

FACTS

Accused-appellant Rolly Adriano y Samson was charged with two counts of Murder for the killings of Danilo Cabiedes and Ofelia Bulanan on March 13, 2007, in San Isidro, Nueva Ecija. The prosecution’s version, based on eyewitness accounts of Police Officers PO1 Matthew Garabiles and PO2 Alejandro Santos, stated that while the officers were on their way to Camp Olivas on a motorcycle, a speeding blue Toyota Corolla overtook them and a maroon Honda CRV. The front seat passenger of the Corolla shot at the CRV, causing it to swerve into a canal. Four armed men, including Adriano, alighted from the Corolla and shot the CRV’s driver, Cabiedes. During the shooting, bystander Bulanan was hit by a stray bullet and died. Both victims died from gunshot wounds. The Corolla was traced to a rental business owned by Antonio V. Rivera, who identified Adriano as the lessee. Adriano was later identified by the police officers at Rivera’s shop and arrested. The defense presented an alibi, with Adriano claiming he was at his house in Dolores, Magalang, Pampanga, doing laundry and later attending a cockpit arena at the time of the incident, supported by corroborating witnesses. The Regional Trial Court convicted Adriano of Murder for Cabiedes’ death and Homicide for Bulanan’s death, which the Court of Appeals affirmed with modifications to the damages.

ISSUE

The primary issue is whether the prosecution proved the guilt of accused-appellant Rolly Adriano beyond reasonable doubt for the crimes of Murder and Homicide.

RULING

The Supreme Court affirmed the conviction. The prosecution established all elements of murder for Cabiedes’ killing: (1) his death, (2) Adriano’s participation as one of the perpetrators, and (3) the attendance of treachery as a qualifying circumstance, as the attack was a sudden ambush that ensured the victim had no means to defend himself. For Bulanan’s death, the Court upheld the conviction for Homicide, as her killing was not the direct result of treachery aimed at her but a consequence of the shooting directed at Cabiedes. The Court rejected Adriano’s defense of alibi, finding it weak and uncorroborated by clear evidence, and held that it could not prevail over the positive identification by credible prosecution witnesses. The Court found no improper motive for the witnesses to testify against Adriano and deemed minor inconsistencies in their testimonies as signs of veracity. The Court modified the awarded damages, ordering Adriano to pay the heirs of Cabiedes ₱75,000.00 as civil indemnity, ₱75,000.00 as moral damages, ₱30,000.00 as exemplary damages, and ₱25,000.00 as temperate damages in lieu of actual damages, with interest. For Bulanan’s heirs, Adriano was ordered to pay ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages.