GR 69184; (March, 1990) (Digest)
G.R. No. 69184 March 26, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO ABLAO, defendant-appellant.
FACTS
On December 16, 1977, during a session of the Sangguniang Bayan in Lumban, Laguna, Barangay Captain Andres Manambit, Sr. was fatally shot. Prosecution witness Lt. Domingo Gapas, the local police commander, testified that upon hearing gunfire, he rushed to the session hall’s canteen. He saw accused Mario Ablao exiting the canteen door carrying a .45 caliber pistol. Ablao fired at Gapas but missed before fleeing towards Caliraya mountain. Inside, Gapas found Manambit dead from a gunshot wound to the head. The medico-legal report confirmed the fatal nature of the wound. Ablao evaded arrest for approximately two and a half years before being apprehended.
The defense presented a different account. Ablao claimed he was elsewhere, attending a Christmas party, and learned of the shooting only later. He alleged he went into hiding due to fear of being implicated, not because of guilt, and later surrendered voluntarily. The trial court convicted Ablao of Murder, appreciating the qualifying circumstance of treachery and the aggravating circumstance of disregard of rank, and imposed the death penalty.
ISSUE
The core issue is whether the prosecution proved Ablao’s guilt for the crime of Murder beyond reasonable doubt.
RULING
The Supreme Court modified the trial court’s decision, convicting Ablao of Homicide, not Murder. The Court affirmed the factual findings of the trial court, giving weight to the positive identification by Lt. Gapas, who was merely ten meters away and clearly saw Ablao exit the canteen with a gun immediately after the shooting. This direct testimony prevailed over Ablao’s denial and alibi, which were unsubstantiated.
However, the Court disagreed with the qualifying circumstances. Treachery was not established because the prosecution failed to prove how the attack commenced. The evidence did not show that the mode of execution was deliberately adopted to ensure the victim’s defenselessness. Evident premeditation was also not proven, as there was no evidence of planning or preparation. Consequently, the crime is Homicide under Article 249 of the Revised Penal Code.
The Court, however, upheld the aggravating circumstance of disregard of rank. The victim was a Barangay Captain and President of the Association of Barangay Captains. The shooting occurred in the session hall amidst other officials, demonstrating a deliberate intent to insult his public office. No mitigating circumstances were present, as voluntary surrender was not spontaneous; Ablao hid for years. Applying the Indeterminate Sentence Law, the Court sentenced Ablao to an indeterminate penalty of ten years and one day of prision mayor to twenty years of reclusion temporal. The civil indemnity of P30,000.00 was affirmed.