Facts:

The case involves Bobby Abela Avelino y Bulawan as the petitioner and the People of the Philippines as the respondent. The events leading to the case transpired on October 5, 2000, in Baseco Compound, Tondo, Manila. Avelino, along with several co-accused, was charged with the murder of Generoso Hispano, the barangay chairman. The Regional Trial Court (RTC) of Manila found Avelino guilty of murder, qualifying the crime with treachery and evident premeditation. During the trial, the prosecution presented eight witnesses, including Delia Hispano, the victim's wife, and Alfredo Manalangsang, who provided crucial testimony regarding the incident.

On the day of the murder, around 2:00 PM, Avelino allegedly instructed his employee, Renato Sosas, to summon several individuals, indicating a premeditated plan to kill Chairman Hispano. Later that evening, while riding a tricycle, Manalangsang witnessed the shooting. He observed three men, one of whom he identified as Avelino, sho...

Facts:

Background of the Case

Petitioner Bobby Avelino y Bulawan, along with several co-accused, was charged with murder before the Regional Trial Court (RTC) of Manila. The victim, Generoso Hispano, was the barangay chairman. The prosecution alleged that the murder was committed with the qualifying circumstances of treachery and evident premeditation.

Incident Details

On September 2000, Renato Sosas, an employee of petitioner, overheard petitioner stating, "Papatayin si Chairman," referring to Chairman Generoso Hispano. On October 5, 2000, around 9:00 PM, Alfredo Manalangsang, a tricycle passenger, witnessed the murder. He saw three men, one of whom was petitioner, block Chairman Hispano's jeep. Petitioner, wearing a green jacket and bonnet, fired successive shots at Hispano, pulled him from the jeep, and checked if he was still alive. The assailants fled using Hispano's jeep.

Witness Testimonies

Mary Ann Cañada, another witness, saw petitioner driving Hispano's jeep after the shooting. She recognized him due to her familiarity with his appearance. The police recovered the jeep with empty 9mm shells scattered inside.

Defense Arguments

Petitioner denied involvement, claiming he was at the Pharaoh Hotel in Sta. Cruz, Manila, at the time of the crime. He presented an alibi, stating he was renewing his driver’s license and later reported his car stolen. He also argued that the prosecution witnesses' testimonies were inconsistent with the medico-legal findings.

Issue:

1. Whether the Court of Appeals (CA) erred in relying on the testimonies of prosecution witnesses Manalangsang and Cañada.
2. Whether the defense of denial and alibi should prevail over the positive identification of petitioner by the witnesses.
3. Whether the qualifying circumstance of treachery was properly appreciated.
4. Whether the award of damages was appropriate.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court found no cogent reason to overturn the CA's decision. Petitioner's conviction for murder was upheld, and the awards of damages were affirmed with modifications.