G.R. Nos. L-68311-13, January 30, 1992
People of the Philippines vs. Lapnayo Buka @ “Lapnayo Libat”, et al. (Angel Pral and Beren Mandong, Accused-Appellants)

FACTS

On December 14, 1978, a weapons carrier with passengers was ambushed in Sitio Samlang, Datal Batong, Malungon, South Cotabato, resulting in the deaths of Elena Pamoso and Estelita Imarga and the wounding of Felipe Noquera. Three separate Informations for Murder (two counts) and Frustrated Murder were filed against several accused, including appellants Angel Pral and Beren Mandong. The cases were archived as the accused were at large but were revived upon the appellants’ arrest in 1981. After a joint trial, the Regional Trial Court convicted appellants of two counts of Murder and one count of Frustrated Murder, sentencing each to reclusion perpetua for the murders and an indeterminate penalty for frustrated murder, plus damages.
The prosecution’s case hinged on the testimonies of eyewitnesses, primarily driver Paquito Alvarez, who identified appellants Beren Mandong and another accused (Purong Bilaan) among the ambushers. The defense consisted of alibi, claiming appellants were elsewhere during the incident. The trial court gave credence to the prosecution witnesses, finding their testimonies clear and consistent, and rejected the alibi for being weak and unsubstantiated.

ISSUE

The core issue is whether the guilt of appellants Angel Pral and Beren Mandong for the crimes of Murder and Frustrated Murder was proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions for Murder but modified the conviction for Frustrated Murder to Attempted Murder. The Court upheld the trial court’s assessment of witness credibility, noting no ill motive was shown for the witnesses to falsely testify. The positive identification by eyewitnesses prevails over the appellants’ unsubstantiated alibi. The qualifying circumstance of evident premeditation was not proven, as the prosecution failed to establish the planning and preparation stages. However, the killings were qualified to Murder by the generic aggravating circumstance of treachery (alevosia), which was duly alleged in the Informations and proven by the sudden and unexpected attack from ambush, leaving the victims no opportunity to defend themselves.
Regarding the shooting of Felipe Noquera, the Court found the crime to be Attempted Murder, not Frustrated Murder. The prosecution failed to prove that the injuries inflicted were sufficient to cause death in the ordinary course of nature. The medical certificate described the wounds as involving only the avulsion of the outer layer of skin, which did not indicate a mortal wound. Thus, the appellants’ acts did not proceed beyond the attempted stage. The penalties were adjusted accordingly, with the indeterminate sentence for the attempted murder charge modified. All other aspects of the trial court’s decision were affirmed.