G.R. No. 134138 - PEOPLE OF THE PHILIPPINES, VS. EDMUNDO BRIONES AYTALIN.

Ruling

WHEREFORE, in view of the foregoing facts and considerations, and the positive identification by the prosecution witnesses, this court finds the accused Edmundo Briones Aytalin guilty beyond reasonable doubt as charged in the above information of the crime of murder as defined in Article 248 of the Revised Penal Code and sentences him to suffer the penalty of reclusion perpetua and indemnify the heirs of the victim in the amount of P500,000." Hence, this appeal. [3] The Facts Version of the Prosecution The Office of the Solicitor General, in its Brief, [4] narrates the factual incidents of the case in this manner: "At around 4:20 o'clock in the afternoon of December 23, 1990, appellant Edmundo Aytalin shot Eleazar Aquino four times along Iba St., Brgy. San Isidro Labrador, Quezon City. After shooting the latter, appellant looked at the crowd and the prostrate victim. He then entered a house, came out with a long gun, and boarded a taxi with his wife. Aquino was rushed to the National Orthopedic Hospital, where he died the following day. "After the incident, Captain Philmore Balmaceda brought appellant and his (appellant's) .22 caliber revolver used in the shooting, as well as four (4) empty shells and two live ammunition of the gun to the Quezon City Police. "An autopsy (was) conducted on the body of Aquino by Dr. Emmanuel Aranas of the PNP Crime Laboratory. After examining the cadaver, Aranas found a gunshot wound on the left side of the forehead of Aquino, and recovered a deformed caliber .22 slug embedded on the left side of the brain of the deceased, which slug the doctor submitted to the Ballistics Division of the crime laboratory for examination. Aranas concluded that based on his findings, the cause of death of the victim [was] hemorrhage due to the gunshot wound in the head. The ballistics test conducted by the PNP Crime Laboratory revealed that the deformed slug recovered from the brain of the deceased was fired from the gun of the appellant." Version of the Defense On the other hand, appellant presents this version of the facts: [5] "Upon being arraigned, accused entered a plea of `NOT GUILTY'. A trial on the merits was conducted, and after the prosecution ha(d) rested its case, accused, through counsel, and with leave of court, filed a DEMURRER TO EVIDENCE. The same was denied. The accused opted not to present evidence in his defense. Hence, a decision was rendered finding him guilty beyond reasonable doubt of the crime of MURDER, for which he was sentenced to suffer a penalty of imprisonment of `reclusion perpetua.' "On December 23, 1990, at around 4:20 PM, the alleged victim Eleazar Aquino was shot along Iba Street, Brgy. San Isidro Labrador, Quezon City. Alleged eyewitnesses to the shooting pointed to accused as the person who shot the victim. No motive was established for the shooting. As to the cause of death, the decision assailed relied heavily on the opinion of the prosecution witness Anacleto Reyes, who testified thus: `Ang pa