GR 265758; (February, 2025) (Digest)
G.R. No. 265758, February 03, 2025
People of the Philippines, Plaintiff-Appellee, vs. Ybo Lastimosa, Accused-Appellant.
FACTS
Accused-appellant Ybo Lastimosa was charged with Murder for shooting and killing Ildefonso Vega, Jr. on November 17, 2012, in Talisay City, Cebu. The prosecution’s case rested on the testimonies of eyewitnesses Elmer Cañeda and Vicente Cortes, who positively identified Lastimosa as the shooter. Dureza Vega, the victim’s wife, testified on the death and related expenses. The prosecution presented a photocopy of the victim’s death certificate during trial, as the original was not brought to court. The defense relied on denial and alibi, claiming Lastimosa was at his residence in Cebu City at the time of the incident. The Regional Trial Court (RTC) convicted Lastimosa of Homicide, not Murder, finding the qualifying circumstances of treachery and evident premeditation not proven. The Court of Appeals (CA) reversed the RTC, finding the killing attended by treachery and thus convicting Lastimosa of Murder. Lastimosa appealed to the Supreme Court.
ISSUE
The main issue is whether the Court of Appeals correctly convicted Lastimosa of Murder, finding the qualifying circumstance of treachery present. A subsidiary procedural issue is whether the photocopy of the death certificate was admissible as evidence.
RULING
The Supreme Court affirmed the conviction for Murder but modified the penalties and damages. The Court held that the photocopy of the death certificate was admissible under the rules on evidence as a duplicate, absent any genuine issue regarding the original’s authenticity. On the substantive issue, the Court ruled that treachery was present. The attack was sudden and unexpected, as the victim was standing on his stationary motorcycle, unable to flee or defend himself, and was shot three times at close range. The means of execution were deliberately adopted to ensure the killing without risk to the assailant. The Court found the testimonies of the prosecution witnesses credible and consistent, while the defense of denial and alibi was weak and uncorroborated. The Court imposed the penalty of reclusion perpetua, without eligibility for parole, and awarded civil indemnity, moral damages, exemplary damages, and temperate damages to the victim’s heirs, all with legal interest.