G.R. No. 127400 - Aleria, Jr. vs. Velez

On 28 February 2007 in Davao City, petitioner Letlet Carpio and her sister Abadieza Gabelino were charged with illegal discharge of firearm under Article 254, RPC, for allegedly aiming and firing at private complainant Rebecca Vencio-Clarion without intent to kill.
Upon arraignment, both pleaded not guilty and posted bail.

Petitioner passed by her store, hurled insults, then retrieved a gun from Gabelino’s house.
With Gabelino urging “Barila, Barila” (Shoot her, shoot her), petitioner fired once (missed), Clarion fell, then attempted to fire again but failed; bystanders intervened and the accused fled.

Hearing a gunshot, Fuentes ran about 200 meters (estimated 3.5 meters from scene) in under five minutes to Clarion’s house.
She saw petitioner pointing the firearm at Clarion, who lay on the ground; no other persons remained as they had scattered.

Denied owning or using a gun; asserted she was at the public market tending her mother’s stall until about 9:00 p.m., then had dinner at her mother’s house and reached home by 10:00 p.m.
Leticia Las corroborated petitioner’s presence at the market and mother’s house at the relevant time.

Claimed she awoke to Clarion and her sons throwing stones at her roof, then was brought to the station by police who suggested she press charges against Clarion.

MTCC (15 September 2009) – Convicted both Carpio and Gabelino; imposed three months and eleven days of arresto mayor (minimum) to two years, eleven months and ten days of prision correccional (maximum), plus costs.
RTC – Affirmed conviction of Carpio; acquitted Gabelino for failure to prove guilt beyond reasonable doubt.
CA (19 August 2013) – Affirmed RTC decision, finding prosecution proved all elements; rejected alleged impossibility of petitioner’s presence at crime scene and inconsistencies in witness testimonies.

Whether the Court of Appeals correctly affirmed petitioner’s conviction for illegal discharge of firearm under Article 254, RPC.