GR 90297; (December, 1992) (Digest)
G.R. No. 90297 -98 December 11, 1992
People of the Philippines, plaintiff-appellee, vs. Noel Pama, accused-appellant.
FACTS
On the evening of October 2, 1985, successive bursts of gunfire were heard from the ground floor of the Market Square Building in Iloilo City. Police found Joji Nograles dead and Cesar Habaradas seriously wounded; Habaradas later died at the hospital. Witnesses reported seeing three unidentified males fleeing. One suspect was reported to have run towards the pier and jumped into the river. Later that night, security guards at the nearby Iloilo Drydock and Engineering Company compound accosted a soaking wet, barefoot man wearing only pants. He identified himself as Noel Pama and claimed he had been held up and robbed at a gasoline station, after which he jumped into the river to escape. The guards reported this to the police, who took Pama to headquarters. Pama was charged with two counts of Murder. His two co-accused, Leonardo Lava, Jr. and Robert Ignalaga, remained at large. After a joint trial, the Regional Trial Court found Pama guilty of Murder for the killing of Nograles and guilty of Homicide for the killing of Habaradas. Pama appealed the decision.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant, Noel Pama, beyond reasonable doubt for the killings of Joji Nograles and Cesar Habaradas.
RULING
The Supreme Court AFFIRMED the trial court’s decisions with modification. The Court found the prosecution’s evidence sufficient to establish Pama’s guilt beyond reasonable doubt. The positive identification by eyewitness Jose Regacho, who saw Pama shoot Nograles, was deemed credible and prevailed over Pama’s denial and alibi. The Court found that the qualifying circumstance of treachery was present in the killing of Nograles, as the attack was sudden and from behind, giving the victim no opportunity to defend himself. However, for the killing of Habaradas, treachery was not proven, as the evidence did not show how the attack on him began, warranting a conviction for Homicide only. The Court also found that the prosecution failed to prove the aggravating circumstance of evident premeditation. The indemnity to the heirs of the victims was increased to P50,000.00 each.