GR 83437 38; (July, 1996) (Digest)
G.R. Nos. 83437-38 July 17, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO GUARIN y REYES, accused-appellant.
FACTS
Accused-appellant Wilfredo Guarin was convicted by the Regional Trial Court of murder for the killing of Orlando Reyes and frustrated murder for the wounding of Alicia Reyes. The prosecution evidence established that on the evening of June 30, 1985, in Lingayen, Pangasinan, Guarin, armed with an M16 rifle, fired at Orlando Reyes, who was then inside his house. Orlando sustained multiple gunshot wounds which caused his death. Alicia Reyes, who was inside the same house, was hit by a bullet, sustaining a wound. Guarin interposed the defense of denial and alibi, claiming he was elsewhere at the time of the incident.
ISSUE
The primary issues were: (1) whether the prosecution proved Guarin’s guilt for the crimes charged beyond reasonable doubt; (2) whether the qualifying circumstances of treachery and evident premeditation were present; and (3) whether the crime committed against Alicia Reyes was correctly classified as frustrated murder.
RULING
The Supreme Court affirmed the murder conviction but modified the conviction for frustrated murder to less serious physical injuries. The Court found the testimonies of the prosecution witnesses credible and consistent, positively identifying Guarin as the assailant. Treachery was correctly appreciated because the attack was sudden and unexpected, with the victim inside his house and unable to defend himself. However, evident premeditation was not proven, as there was no evidence of sufficient time for Guarin to reflect upon his decision to commit the crime.
Regarding the injury to Alicia Reyes, the Court applied the principle that criminal intent must be proven. The evidence showed that Guarin’s firing was directed at Orlando Reyes. The bullet that hit Alicia was likely a stray bullet, and the medico-legal testimony could not establish it was a direct hit. Given the reasonable doubt as to Guarin’s intent to kill Alicia, and considering the nature of her wound and brief hospitalization, the crime was downgraded to less serious physical injuries. The indemnity for the heirs of Orlando Reyes was increased to P50,000.00 in line with prevailing jurisprudence.