G.R. No. 230356 , September 18, 2019
People of the Philippines, Appellee, vs. Eric Vargas y Jaguarin and Gina Bagacina, Accused, Eric Vargas y Jaguarin, Accused-Appellant.

FACTS

On July 9, 2010, Miguel Belen, a volunteer field reporter, was shot multiple times while riding his motorcycle in Nabua, Camarines Sur. The assailants were a woman shooter riding a black motorcycle driven by a man. Belen was hospitalized and intubated. On July 13, 2010, while Belen was unable to speak due to his injuries, police investigators SPO2 Hugo and SPO3 Dino, with the aid of Belen’s wife and Congressman Salvio Fortuno, conducted an interview. Belen communicated through gestures, nods, and writing. He identified accused-appellant Eric Vargas as the driver of the assailants’ motorcycle from a rogue gallery and confirmed the shooter was a woman, describing her as 5’2″. His sworn statement, reflecting these responses, was prepared, read to him, and he affixed his thumbmark. Belen’s condition initially improved but he deteriorated and died on July 29, 2010. The medico-legal report indicated gunshot wounds to his back, suggesting he was shot while on the ground, with an intent to kill and treachery. Vargas denied the charge, interposing alibi that he was at a drinking session in Iriga City at the time and had never been to Nabua. His co-accused, Gina Bagacina, remained at large.

ISSUE

Whether the Court of Appeals erred in finding accused-appellant Eric Vargas guilty beyond reasonable doubt of the crime of Murder.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED with MODIFICATION the CA decision. The prosecution proved all elements of Murder under Article 248 of the Revised Penal Code: (1) Belen was killed; (2) Vargas killed him; (3) the killing was attended by treachery and evident premeditation; (4) the killing was neither parricide nor infanticide. The Court held that Belen’s sworn statement, identifying Vargas, was admissible as part of the res gestae as it was made under the influence of a startling event while he was still suffering from his injuries. Conspiracy between Vargas and Bagacina was established as Vargas drove the motorcycle used by the shooter to approach the victim and flee. Vargas’s defense of alibi was weak and could not prevail over his positive identification. The Court modified the awarded damages, reducing civil indemnity, moral damages, and exemplary damages to P75,000.00 each, and temperate damages to P50,000.00, all with 6% per annum interest from finality until fully paid.