G.R. No. 237215 , June 28, 2021
People of the Philippines, Plaintiff-Appellee, vs. Willie Mendoza a.k.a “Willy Mendoza,” “Wilfredo Mendoza,” and “Samal,” Rodel de Guzman a.k.a. “Itew,” Christian Centeno Sapiera a.k.a. “Asian,” Rogelio Viray y Berezo a.k.a. “Banong,” Menard Ferrer, Dexter Gramata Ocumen, Bernardo Palisoc a.k.a. “Nognog,” and Roderick “Pangal” de Guzman, Accused, Menard Ferrer and Roderick “Pangal” de Guzman, Accused-Appellants.

FACTS

Accused-appellants Menard Ferrer and Roderick de Guzman, along with several others, were charged with Murder for the killing of Barangay Captain Leonides Bulatao on December 15, 2003, in Malasiqui, Pangasinan. The Information alleged conspiracy, treachery, evident premeditation, and the use of an unlicensed firearm. The case was transferred to the RTC of Baguio City. Upon arraignment, some accused, including the appellants, pleaded not guilty. Rogelio Viray was discharged as a state witness.
The prosecution’s version, primarily through Viray’s testimony, established that the killing was a contract murder. Viray testified that he was part of a group employed by Willie Mendoza. On December 10, 2003, the group, including appellants, met with Alfie Soriano at his poultry farm. Soriano hired them to kill Bulatao for political reasons, paying an advance of P50,000. The group conducted surveillance on Bulatao on December 12 and 13, 2003. On December 15, 2003, the group positioned themselves at the Malasiqui Town Hall. Viray acted as a spotter and informed Mendoza of Bulatao’s location. Mendoza then shot Bulatao from behind. The group fled and later converged at a safe house.
The defense of the appellants was alibi and denial. They claimed they were elsewhere during the incident and alleged that Viray implicated them due to personal grudges, including their alleged involvement in a prior killing.
The RTC found the appellants guilty of Murder. The CA affirmed the RTC’s decision. Hence, this appeal.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants Menard Ferrer and Roderick de Guzman for the crime of Murder.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the decision of the Court of Appeals. The conviction of accused-appellants Menard Ferrer and Roderick de Guzman for Murder is upheld.
The Court found the testimony of state witness Rogelio Viray to be credible, categorical, and consistent. His detailed account of the planning, surveillance, and execution of the killing was corroborated by other evidence. The defense of alibi and denial cannot prevail over the positive identification and credible testimony of the witness. The elements of Murder were proven beyond reasonable doubt. The killing was qualified by treachery, as the attack was sudden and from behind, ensuring the victim had no opportunity to defend himself. The Court also found conspiracy among the appellants and their cohorts, as shown by their collective actions before, during, and after the crime. The award of damages by the lower courts was modified in accordance with prevailing jurisprudence.