GR 210673; (June, 2016) (Digest)
G.R. No. 210673 June 29, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GILBERT CABALLERO y GARSOLA, Accused-Appellant.
FACTS
Accused-appellant Gilbert Caballero was charged with the murder of Judge Orlando Velasco. On July 25, 2007, the victim was riding his motorcycle home when he was fatally shot multiple times by assailants on two separate motorcycles. His wife, Bernadette, witnessed the shooting and later positively identified Caballero as one of the gunmen in a police line-up after his arrest on January 3, 2008. The prosecution established that the attack was sudden, with the victim shot from behind and in front, leaving him no opportunity to defend himself.
The defense interposed alibi and denial, claiming Caballero was in a different municipality on the day of the crime and was arrested merely for possessing a shotgun. The Regional Trial Court convicted him of murder qualified by treachery and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the awarded damages. Caballero appealed to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming accused-appellant’s conviction for the crime of murder.
RULING
The Supreme Court affirmed the conviction with modifications to the damages. The Court upheld the finding that all elements of murder were proven beyond reasonable doubt. The qualifying circumstance of treachery was correctly appreciated, as the mode of attack—shooting the victim from behind and in front while he was on a motorcycle—was deliberate and sudden, ensuring the execution of the crime without risk to the assailants from any defense the victim could make. The positive identification by the eyewitness, the victim’s wife, who had a clear view of the incident, prevailed over the weak defenses of alibi and denial.
The penalty of reclusion perpetua was properly imposed. However, following prevailing jurisprudence, the Court increased the awards for civil indemnity, moral damages, and exemplary damages to P100,000.00 each. The awards for actual damages and loss of earning capacity were affirmed. All monetary awards shall earn legal interest at 6% per annum from finality until fully paid. Consistent with Republic Act No. 9346 , the accused-appellant is declared ineligible for parole.