GR 226486; (January, 2020) (Digest)
G.R. No. 226486 , January 22, 2020
People of the Philippines, Plaintiff-Appellee, vs. Glecerio Pitulan y Briones, Accused-Appellant.
FACTS
Three Informations were filed against Glecerio Pitulan for the complex crimes of direct assault with murder of PO1 Aldy Monteroso, direct assault with attempted murder of PO1 Alberto Cirilo Dionisio, and direct assault with frustrated murder of PO1 Benito De Vera. The prosecution alleged that on April 20, 2003, police officers responded to a report of armed men in a van. They intercepted the van and ordered the occupants out. When PO1 Monteroso opened the driver’s side door, the driver, identified as Pitulan, shot him thrice in the chest. A shootout ensued between the other van occupants and the officers, resulting in injuries to PO1 De Vera. Pitulan attempted to flee but was intercepted by another police team, leading to another shootout where the other van occupants were killed. Pitulan surrendered and a .38 caliber revolver, ammunition, and shells were recovered from him. The defense consisted solely of Pitulan’s testimony that he was a sleeping passenger, awakened by gunfire, and that the van was driven by another person.
ISSUE
Whether the prosecution’s failure to present the weapon used and to conduct paraffin and ballistic testing is fatal to its case, thereby failing to prove the guilt of the accused beyond reasonable doubt.
RULING
No. The prosecution’s failure to present the weapon and to conduct paraffin and ballistic testing is not fatal. In homicide or murder cases, the credible testimony of an eyewitness on the fact of the crime and the identity of the assailant is sufficient to prove the corpus delicti. Paraffin testing is unreliable and inconclusive, and the lack of ballistic testing does not diminish the evidentiary value of a positive eyewitness identification. The positive identification of Pitulan by police eyewitnesses as the driver and shooter was clear and credible. His bare denial cannot prevail over such positive identification. The Court affirmed the conviction for the complex crime of direct assault with murder, attended by treachery, and imposed the penalty of reclusion perpetua with corresponding damages. Pitulan was acquitted of the other charges due to lack of evidence of conspiracy.