G.R. No. L-31429 December 19, 1981
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROSCOE DABAN y GANZON, accused-appellant.

FACTS

The prosecution established that on July 17, 1967, in Iloilo City, Roscoe Daban, while seated in the front seat of a red 1965 Chevrolet Malibu with a white top, fired multiple shots at Conrado de la Cruz, who was leaning against a parked jeep. The assailants’ vehicle then sped away. The victim died from his gunshot wounds. The following day, authorities discovered the same car being hastily repainted from red to black at a local shop. Investigation revealed the vehicle had been shipped to Iloilo consigned to Roscoe Daban just days before the shooting. An eyewitness, Vicente Felisario, surfaced months later and positively identified Daban as the gunman.
The defense presented alibi witnesses claiming Daban was in Bacolod City during the incident and attempted to cast doubt on the car’s identification by suggesting its white top was covered by a black vinyl material. Daban himself did not testify. The trial court convicted Daban of murder, sentenced him to death, and acquitted his co-accused, Angel Balasote, Jr. Daban appealed, challenging the eyewitness’s credibility and the trial court’s alleged use of his silence against him.

ISSUE

The core issue is whether the prosecution proved the guilt of Roscoe Daban for the crime of murder beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The legal logic centered on the strength of the positive identification and corroborating circumstantial evidence, which collectively overcame the defense’s challenges. The Court held that even assuming a minor discrepancy in the eyewitness’s description of the car’s top color, this did not undermine his overall credibility. Felisario correctly identified the car’s distinctive features, plate number, and, most crucially, Daban himself as the shooter, having known him by sight prior to the incident. His testimony remained unwavering under cross-examination.
The Court clarified that while an accused’s failure to testify cannot be the sole basis for conviction, it does not preclude the court from considering the prosecution’s evidence, which in this case was compelling. The positive identification was powerfully corroborated by Daban’s flight and attempts to settle the case, which indicated consciousness of guilt. The crime was correctly classified as murder qualified by treachery, as the attack was sudden and from within a vehicle, leaving the victim no chance to defend himself. The use of a motor vehicle was properly considered as an aggravating circumstance. With no mitigating circumstances present, the imposition of the death penalty was legally mandated.