GR 178485; (September, 2009) (Digest)
G.R. No. 178485 ; September 4, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARIANO SAPIGAO, JR., Accused-Appellant.
FACTS
On September 22, 1987, Alexander Turalba was shot and killed at a basketball court in Asingan, Pangasinan. The prosecution presented eyewitness Cecilio Fabro, who testified that accused-appellant Mariano Sapigao, Jr., together with Melvin Sublingo (at large), conspired to kill Turalba. Fabro claimed Sublingo first shot Turalba in the back, causing him to fall face down. Subsequently, while Turalba was lying defenseless on the ground, Sapigao shot him with a .45 caliber firearm. The victim sustained two fatal gunshot wounds. The defense presented a different version through witness Jesus Ballesteros, who testified that only Sublingo shot Turalba, motivated by a prior mauling incident. Ballesteros claimed Sapigao was merely present and did not participate. The Regional Trial Court convicted Sapigao of murder, qualified by treachery, and sentenced him to reclusion perpetua, a decision affirmed by the Court of Appeals.
ISSUE
Whether the prosecution proved the guilt of accused-appellant Mariano Sapigao, Jr., for the crime of murder beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of prosecution eyewitness Cecilio Fabro credible, consistent, and worthy of belief. Fabro clearly and positively identified Sapigao as the one who shot the victim while he was already lying defenseless on the ground. This manner of attack ensured that the victim had no opportunity to defend himself, constituting treachery (alevosia), which qualified the killing to murder. The defense of denial and alibi proffered by Sapigao, supported by the testimony of Ballesteros, could not prevail over Fabro’s positive identification. The Court emphasized that findings of trial courts on witness credibility are accorded great weight and respect. Furthermore, the ballistic testimony suggesting the wounds could have been caused by a .38 caliber gun did not negate Fabro’s eyewitness account of Sapigao using a .45, as the expert testimony was not conclusive on the specific weapon used. The Court modified the damages awarded, ordering Sapigao to pay the heirs of Turalba P50,000 as civil indemnity, P50,000 as moral damages, P25,000 as temperate damages, and P25,000 as exemplary damages.