G.R. No. L-33805-9 March 31, 1980
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GEDTAL PAMPALUNA Y MAKATAON and REYNALDO TANEO Y BALLEQUE, defendants-appellants.

FACTS

On the evening of September 24, 1970, former Congressman Salipada K. Pendatun and his party, consisting of PC Corporal Nicolas Formatilo, PC T/Sgt. Ildefonso Aycocho, Police Cpl. Ibarra Santos, and driver Guillermo Lucas, were ambushed while traveling in the Congressman’s car along Magsaysay Boulevard in Manila. While stopped at a traffic light, their vehicle was subjected to multiple volleys of gunfire and an M-79 grenade attack from the rear. The assault resulted in the death of Cpl. Formatilo and caused serious injuries to the other occupants, with Lucas losing vision in his left eye. Congressman Pendatun survived unscathed by crouching on the car floor. Initial police investigations yielded no eyewitness identification of the perpetrators from among the victims.
The prosecution’s case hinged on the testimony of a civilian eyewitness, Felicidad Besa. She claimed to have seen two men alight from a station wagon and fire upon the red car. Later, on October 10, 1970, while in Cagayan de Oro City with investigating officers, Besa fortuitously recognized accused Reynaldo Taneo in a restaurant, noting his guilty reaction upon seeing her. Subsequently, in Manila, she identified both Taneo and his co-accused, Gedtal Pampaluna, in police line-ups. The accused were linked to the Sinsuat family, known political opponents of Congressman Pendatun, with Pampaluna serving as a driver and Taneo as a security guard for the family.

ISSUE

Whether the guilt of appellants Gedtal Pampaluna and Reynaldo Taneo for the crimes of Murder, Frustrated Murder, and Attempted Murder was proven beyond reasonable doubt based on the eyewitness identification by Felicidad Besa.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court found the eyewitness identification by Felicidad Besa to be credible, positive, and sufficient to establish guilt beyond reasonable doubt. Her testimony was deemed credible as it was delivered in a straightforward manner and remained consistent. The Court rejected the defense of alibi, emphasizing that such a defense cannot prevail over the positive identification of the accused. The circumstances of the attack, including the sudden and unexpected firing from behind on a stationary vehicle, properly established the qualifying circumstance of treachery (alevosia) for all the crimes. The use of a motor vehicle to facilitate the attack and quick escape was correctly considered as an aggravating circumstance.
However, the Court, voting en banc, commuted the death penalty for the murder of Cpl. Formatilo to reclusion perpetua. The decision noted the persuasive separate opinion of Justice Makasiar, which influenced the Court’s moderation in penalty. Justice Makasiar opined that while the evidence proved the appellants’ direct participation as principals, they appeared to be “mere tools” of an unprosecuted mastermind. This consideration, reflecting the principles of proportionality and the courts’ role as instruments of justice, led the Court to reduce the supreme penalty. The penalties for the frustrated and attempted murder convictions were affirmed. The awards for civil indemnity and damages were likewise sustained.