G.R. No. 131923 - PEOPLE OF THE PHILIPPINES, VS. NIEL PIEDAD Y CONSOLACION, LITO GARCIA Y FRANCISCO AND RICHARD PALMA Y IDER, ACCUSED. NIEL PIEDAD Y CONSOLACION AND LITO GARCIA Y FRANCISCO, ACCUSED-.

Ruling

WHEREFORE, the Court finds accused Niel Piedad and Lito Garcia guilty beyond reasonable doubt of the crime of murder with no modifying circumstances present, and hereby sentences each of them to suffer the penalty of reclusion perpetua pursuant to Art. 248 of the Revised Penal Code. Accused Niel Piedad and Lito Garcia are likewise held solidarily liable to indemnify the heirs of the victim Mateo Lactawan in the sum of P50,000.00. Accused Richard Palma is hereby acquitted on the ground of reasonable doubt. Hence, the instant appeal by Niel Piedad and Lito Garcia. In his Brief, accused-appellant Niel Piedad raised the following errors: I. THAT THE LOWER COURT COMMITTED GRAVE AND REVERSIBLE ERROR IN: ADMITTING AND RELYING ON THE IN-COURT IDENTIFICATION OF ACCUSED-APPELLANT PIEDAD DURING THE TRIAL WHEN IT WAS TAINTED BY A POINTEDLY SUGGESTIVE AND FATALLY FLAWED PRE-TRIAL IDENTIFICATION. FAILING TO SUBJECT THE TESTIMONIES OF THE ALLEGED WITNESSES TO RIGID SCRUTINY AS MANDATED BY THE DECISIONS OF THIS HONORABLE COURT IN CASES WHERE THE WITNESSES HAVE CLOSE RELATIONSHIP TO THE VICTIM. ADMITTING INTO EVIDENCE AND RELYING ON THE ALLEGED MURDER WEAPON WHEN IT WAS NOT DULY AUTHENTICATED AND IN ANY EVENT HAS LITTLE PROBATIVE VALUE; AND IN PLAINLY OVERLOOKING MATERIAL FACTS CRUCIAL TO THE OUTCOME OF THE CASE. II. ASSUMING ARGUENDO THAT APPELLANT PIEDAD PARTICIPATED IN THE MELEE, THE LOWER COURT COMMITTED GRAVE AND REVERSIBLE ERROR IN FINDING HIM GUILTY OF MURDER INSTEAD OF HOMICIDE IN THE ABSENCE OF ANY PROOF BEYOND REASONABLE DOUBT OF TREACHERY OR OTHER QUALIFYING CIRCUMSTANCES. For his part, accused-appellant Lito Garcia raised the following errors: I. THE LOWER COURT ERRED IN GIVING CREDENCE TO THE TESTIMONY OF THE PROSECUTION WITNESSES. II. THE LOWER COURT ERRED IN HOLDING THAT THE PROSECUTION WAS ABLE TO PROVE BEYOND REASONABLE DOUBT THAT ACCUSED-APPELLANT KILLED MATEO LACTAWAN. III. THE LOWER COURT ERRED IN HOLDING THAT THE PROSECUTION WAS ABLE TO ESTABLISH, BY PROOF BEYOND REASONABLE DOUBT, THAT MATEO LACTAWAN WAS TREACHEROUSLY STABBED. IV. THE LOWER COURT ERRED IN CONVICTING ACCUSED-APPELLANT DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. The appeals are devoid of merit. Accused-appellants raise basically similar assignment of errors, which shall be discussed jointly. Accused-appellant Niel Piedad argues that the way that he was identified by prosecution witnesses was suggestive and fatally flawed. Niel claims that he should have been put in a police lineup instead of being shoveled into a confrontation with the alleged witnesses and immediately singled out by the police as suspects. He further claims that he was denied his right of counsel during the most crucial stage of the police investigation - that is, his identification as one of the assailants by eyewitnesses. We do not agree. The claim by the defense that Niels pre-trial identification was suggestive due to the absence of a police lineup is more theoreti