G.R. No. 262603, April 15, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NELSON SIA, JR. Y ACULÑA, ACCUSED-APPELLANT.

FACTS

Accused-appellant Nelson Sia, Jr. y Aculña was charged with Murder for the killing of Hector Iniaki Lontoc, Jr. and Attempted Murder against Jerome Sumulong. The prosecution’s version, based on testimonies of Jerome and PO1 Eric Guzman, established that on December 2, 2015, around 12:10 a.m., PO1 Guzman and barangay tanods flagged down Hector and Jerome on a motorcycle in Taguig City due to a report they were armed. During the encounter, while PO1 Guzman was frisking them, five to six gunshots were heard from behind PO1 Guzman. Hector was fatally shot in the head, and Jerome suffered a gunshot wound to his left forearm. Jerome identified accused-appellant, whom he knew from the same area, as the shooter hiding near a wall behind PO1 Guzman, pointing and firing a gun at them. PO1 Guzman also saw accused-appellant shooting, returned fire hitting accused-appellant in the abdomen, and later arrested him at a hospital. The defense claimed accused-appellant was an innocent bystander who was shot while walking near the scene, with his uncle, Neil Sia, corroborating that he brought the wounded accused-appellant to the hospital.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant for Murder and Attempted Murder beyond reasonable doubt.

RULING

The Supreme Court denied the appeal and affirmed the conviction with modifications to the damages awarded. The Court found the testimonies of prosecution witnesses Jerome and PO1 Guzman credible, consistent, and sufficient to establish accused-appellant’s guilt. Their positive identification of accused-appellant as the shooter was deemed reliable, as the scene was fairly lit by a streetlight and they had a clear view. The qualifying circumstance of treachery was present for Murder, as the attack was sudden and unexpected, giving the victims no opportunity to defend themselves. For Attempted Murder, the element of intent to kill was proven by the gunshot wound inflicted on Jerome. The defense of denial and frame-up was rejected for being weak and unsupported by evidence. The Court modified the awarded damages: for Murder, civil indemnity, moral damages, and exemplary damages were increased to PHP 100,000.00 each, with temperate damages of PHP 50,000.00; for Attempted Murder, moral damages and exemplary damages were increased to PHP 50,000.00 each, with temperate damages of PHP 20,000.00. Actual damages were deleted for lack of competent proof, and interest at 6% per annum on all damages was imposed from finality of judgment until full payment.