G.R. No. 210616 , November 25, 2015
People of the Philippines, Plaintiff-Appellee, vs. Eddie Salibad y Dilo, Accused-Appellant.

FACTS

Accused-appellant Eddie Salibad y Dilo was charged with Murder for shooting Raymundo Dacuyan on June 1, 2008, in Mankayan, Benguet. The prosecution presented eyewitnesses Manuel Binwag and Diego Aclibon, who testified that they were collecting scrap iron at the Lepanto mine site with the victim’s permission. At about 3:30 p.m., after the victim ordered them to stop and turned to return to his post, the accused-appellant suddenly appeared and shot the victim in the abdomen. The witnesses ran and heard additional gunshots. The police, acting on a report of a man with a gun, apprehended the accused-appellant later that afternoon. A .45 caliber firearm was found on his waist, and an empty shell was in his pocket. It was confirmed he had no license for the firearm. The victim died from the gunshot wound. The accused-appellant claimed self-defense, alleging that the shooting occurred during a struggle with the victim over the gun after he was denied entry through the mine portal. The Regional Trial Court convicted him of Murder and sentenced him to Reclusion Perpetua. The Court of Appeals affirmed the conviction with modifications to the damages awarded.

ISSUE

1. Whether the testimony of prosecution witnesses was sufficient to convict the accused-appellant of Murder, qualified by treachery.
2. Whether the presentation of the firearm itself is necessary to appreciate the special aggravating circumstance of using an unlicensed firearm.
3. Whether the amounts of civil indemnity and damages awarded were proper.

RULING

The Supreme Court affirmed the conviction. On the first issue, the Court found the testimonies of the eyewitnesses credible, consistent, and sufficient to prove the killing was attended by treachery, as the attack was sudden and rendered the victim defenseless. The accused-appellant’s claim of self-defense was rejected for being uncorroborated and improbable. On the second issue, the Court ruled that the presentation of the firearm is not indispensable for proving the aggravating circumstance of using an unlicensed firearm; documentary evidence from the Philippine National Police Firearms and Explosives Office showing the accused had no license is sufficient. On the third issue, the Court modified the damages, awarding P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, in line with current jurisprudence for crimes where the penalty would have been death if not for R.A. No. 9346 . Temperate damages of P25,000.00 were also awarded in lieu of actual damages due to lack of receipts. All monetary awards shall earn legal interest at 6% per annum from finality until fully paid.