G.R. No. 133918 - PEOPLE OF THE PHILIPPINES, VS. TIBOY ALBACIN, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused guilty beyond reasonable doubt of the crime charged in the two informations, without any modifying circumstances attendant: In Criminal Case No. 33,512-94 for Murder, he is hereby sentenced to Reclusion Perpetua, and to pay the cost; to indemnify the offended party the sum of P50,000.00 as compensatory damages for the death of Teresita Navarro and P29,000.00 for actual damages for burial expenses. In Criminal Case No. 33,513-94 for Frustrated Murder, he is hereby sentenced to an indeterminate penalty of seven (7) years, one (1) day of Prision Correccional Maximum to Prision Mayor Medium as the minimum range to thirteen (13) years and one (1) day of Prision Mayor Maximum to Reclusion Temporal medium as the maximum range and to pay the cost." [42] Hence this appeal by the accused Albacin with the following assignment of errors: I. THE COURT A QUO ERRED IN CONVICTING THE ACCUSED, NOTWITHSTANDING THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. II. THE COURT A QUO ERRED IN GIVING CREDENCE TO THE IDENTIFICATION MADE BY FLORENCIO S. NAVARRO. The appeal is partly meritorious in both cases of murder and frustrated murder. We first deal with Criminal Case No. 33,512-94 for murder. The defense faults the trial court for taking Florencio Navarro's word that the accused Albacin was the perpetrator of the crime considering that it took him three days before he revealed the assailant's identity. In the accused's Brief, he punctures Florencio's testimony, viz : . . . the identification made by Florencio was clearly an afterthought on his part. . . It is altogether possible that Florencio never really saw who his assailant was but because of his desire to take revenge upon his assailant, he tried to picture who he was in his mind. [43] (emphasis supplied) We cannot subscribe to the accused's contention anchored in the realm of possibilities. In a criminal case, moral certainty and not merely possibilities determines the guilt or innocence of the accused. The positive identification made by Florencio lends such degree of certainty enough for this Court to conclude that the accused Albacin was responsible for the untimely demise of Teresita Navarro. Upon hearing the gunshot which snuffed out the life of his wife, Florencio immediately looked back and saw the accused Albacin coming from his fallen wife and approaching him. Albacin then pointed a gun to Florencio's head. The accused was the only person Florencio saw with his fallen wife immediately after he heard a gunshot from where his wife was. With the light coming from the moon and Teresita's torch, Florencio was able to recognize the accused Albacin who has been his neighbor for more than twenty years. He testified as follows: Q: While walking in that position, your daughter ahead of you 20 meters and your wife 4 meters (sic), you said you heard a gunshot? A: Yes, sir, I heard a gunshot. Q: What was your reaction when you heard that gunshot? A: I look