G.R. No. 247651, March 24, 2021
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARK IAN LIBUNAO Y MARIANO, ACCUSED-APPELLANT.

FACTS

Accused-appellant Mark Ian Libunao y Mariano was charged with Murder for an incident on December 19, 2014, where he allegedly dragged MMDA Traffic Enforcer Sonny Dela Cruz Acosta with an Isuzu Sportivo after being apprehended for a traffic violation along EDSA, Cubao, Quezon City, causing injuries that led to Acosta’s death on December 23, 2014. During the bail hearing, the prosecution presented witnesses. MMDA Traffic Constable Liberty Tongco testified that Acosta apprehended a maroon vehicle with Plate No. AAB-4197 for illegally entering a bus lane. She saw the vehicle speed away and Acosta fell near the gutter, sustaining head injuries. She did not see the driver as the vehicle was tinted. MMDA Enforcer Lourdes S. Liton testified she heard a noise, turned around, and saw Acosta lying on the pavement with a maroon wagon speeding away; she also did not see the driver. Barker Rommel P. Montipio testified he saw Acosta apprehend the vehicle, knock on its window, and talk to the driver. Acosta asked for the driver’s license, but the driver pushed his hand aside. When Acosta put his hand inside the vehicle, it sped away, dragging him and causing him to fall and hit his head. Montipio identified appellant as the driver in a police line-up and in court. The RTC granted bail, finding the prosecution established appellant’s identity but not the qualifying circumstance of use of a motor vehicle for murder. After trial, where the prosecution presented additional witnesses including the victim’s wife, the investigating officer, and a forensic pathologist, and the defense waived its right to present evidence, the RTC convicted appellant of Homicide. The CA affirmed the conviction. Appellant appealed to the Supreme Court.

ISSUE

Whether the prosecution proved the guilt of the accused-appellant for the crime of Homicide beyond reasonable doubt.

RULING

The Supreme Court REVERSED and SET ASIDE the Decision and Resolution of the Court of Appeals and ACQUITTED accused-appellant Mark Ian Libunao y Mariano on the ground of reasonable doubt. The Court found that the prosecution failed to prove his identity as the perpetrator beyond reasonable doubt. The testimonies of the prosecution witnesses were inconsistent and failed to positively identify appellant as the driver of the vehicle that caused Acosta’s death. Tongco and Liton explicitly stated they did not see the driver. While Montipio claimed to have identified appellant, his testimony was rendered doubtful because he admitted on cross-examination that he could not see the driver’s face during the incident as the vehicle’s windows were tinted and the driver was looking forward. The Court emphasized that great care must be taken when identification depends on a sole witness, and any doubt must be resolved in favor of the accused. Therefore, the guilt of the appellant was not established with moral certainty.