G.R. No. 232070 , October 02, 2019
People of the Philippines, Plaintiff-Appellee, vs. Romeo Welbar Padal, Jr., Reynan Padal and Two (2) other John Does, Accused-Appellants.

FACTS

Accused-appellants Romeo Welbar Padal, Jr. and Reynan Padal, along with two John Does, were charged with Murder for the killing of Ragnel Salcedo Laguardia on December 31, 2007, in Davao City. The Amended Information alleged the killing was committed by means of a motor vehicle. The prosecution presented eyewitnesses Eric Bugayong and Allan Cordero, who testified that after singing videoke, they and the victim were approached by four men on a motorcycle. Later, these men chased the victim and his companions. Romeo Padal, Jr. caught up with the victim, pulled his hair, caused him to fall, kicked him, and stabbed him four times. Reynan Padal drove the motorcycle and, along with the two others, blocked the area to prevent rescue, with Reynan firing a sumpak. The victim died from the stab wounds. The defense interposed alibi, with Romeo claiming he was cooking and Reynan claiming he was driving his motorcycle for hire. The Regional Trial Court convicted both appellants of Murder, sentenced them to reclusion perpetua, and ordered them to pay civil indemnity and actual damages. The Court of Appeals affirmed the conviction.

ISSUE

Did the Court of Appeals err in affirming appellants’ conviction for murder?

RULING

No, the appeal must fail. The Supreme Court affirmed the conviction. The elements of Murder were present: 1) a person was killed; 2) the accused killed him; 3) the killing was attended by a qualifying circumstance; and 4) the killing was not parricide or infanticide. Appellants were positively identified by eyewitnesses Eric Bugayong and Allan Cordero as the assailants. Their defense of alibi cannot prevail over positive identification. The qualifying circumstance of “by means of motor vehicles” under Article 248(3) of the Revised Penal Code was properly appreciated, as the motorcycle was used to facilitate the attack and escape. Conspiracy was established, as Reynan Padal’s actions of driving the motorcycle and blocking the area showed community of design with Romeo Padal, Jr., who executed the stabbing. The Court modified the awarded damages, increasing civil indemnity, moral damages, and exemplary damages to P75,000.00 each, awarding temperate damages of P50,000.00 in lieu of actual damages, and imposing interest at 6% per annum on all damages from finality of judgment until full payment.