GR L 37203; (October, 1982) (Digest)
G.R. No. L-37203 October 23, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLITO SADIWA, ROMEO PAYLAGO and BENJAMIN ALAB, defendants, CARLITO SADIWA, appellant.
FACTS
The appellant, Carlito Sadiwa, was charged with murder for the killing of Atty. Salvador Venturanza. The prosecution’s evidence established that Sadiwa, interested in a land commission for a prospective buyer, learned the landowner, Visitacion Cahilig, had already committed the property to Atty. Venturanza. On the afternoon of September 7, 1970, as Venturanza, Cahilig, and their companions were hiking to view the land in sitio Pansulan, shots were fired. Witnesses Nenita Cahilig and Bernardo Ola saw Sadiwa standing nearby holding a long firearm immediately after the first shot hit Venturanza. Ola attempted to rescue the victim but further shots were fired. Venturanza died from multiple gunshot wounds.
ISSUE
The core issue for automatic review is whether the trial court correctly convicted Carlito Sadiwa of murder and imposed the death penalty.
RULING
The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the defense of alibi untenable as it was positively contradicted by the credible and consistent eyewitness testimonies of Nenita Cahilig and Bernardo Ola, who had no motive to falsely accuse the appellant. Their identification of Sadiwa at the crime scene, armed, immediately after the shooting, was conclusive. On the qualifying and aggravating circumstances, the Court upheld the finding of treachery (alevosia), as the attack was sudden and afforded the victim no opportunity to defend himself. However, it correctly rejected the trial court’s finding of the aggravating circumstances of evident premeditation and despoblado (uninhabited place). The prosecution failed to prove the requisite elements of meditation and planning for premeditation. Likewise, the location was not purposely selected for isolation, as the victim was accompanied by several companions. With treachery as the sole qualifying circumstance and no other modifying circumstances present, the proper penalty under Article 248 of the Revised Penal Code is reclusion perpetua, not death.