G.R. No. 167766 - Pentecostes, Jr. vs. People

On September 2, 1998, Rudy Baclig was drinking with his brother-in-law and left after consuming half a bottle of gin to buy coffee and sugar at Siababa's house, accompanied by his four-year-old son.
While walking, a gray automobile travelling from the opposite direction passed by them, then moved backward and stopped about two arms’ length away from Rudy.
The driver, identified by Rudy as Engr. Carlito Pentecostes, Jr., called him by his nickname "Parrod." When Rudy approached, Pentecostes opened the car door and shot him once below the left armpit.
Rudy ran to the back of the car, and Pentecostes sped away. Rudy and his son went to the seashore; Rudy later returned to the scene and sought help.

Rudy was brought to the Municipal Hall of Gonzaga, where a policeman interrogated him, during which Rudy identified Pentecostes as the assailant.
Rudy was then taken to Don Alfonso Ponce Memorial Hospital and discharged the following day.

On June 1, 1999, the Provincial Prosecutor filed an information charging Pentecostes with frustrated murder with aggravating circumstance of use of an unlicensed firearm.
Pentecostes pleaded not guilty.

Pentecostes was employed by the National Irrigation Administration (NIA) and claimed to be in Quezon City at the time of the shooting, pursuing funding for an NIA project in Gonzaga.
He presented a Certificate of Appearance issued by Engr. Orlando C. Hondrade, who testified that Pentecostes appeared before him on September 1 and 4, 1998.
Submitted daily time records showed that Pentecostes was not in Cagayan from August 31 (afternoon) to September 4 (morning).

On February 27, 2003, the RTC found Pentecostes guilty beyond reasonable doubt of attempted murder, sentencing him to prision correccional ranging from 4 years, 2 months, 1 day to 8 years.
The RTC based its conclusion on Rudy’s positive identification of Pentecostes as the shooter under sufficient lighting, and reasoned that Pentecostes could have returned to Gonzaga after his appearance on September 1.

On February 18, 2005, the CA affirmed with modification the RTC’s decision, finding Pentecostes guilty only of less serious physical injuries and sentencing him to 6 months of arresto mayor.
The CA held that intent to kill was not proven since Pentecostes shot Rudy once and did not pursue further attacks or actions to ensure death. Rudy sustained a gunshot wound requiring only 10 days of medical attendance.

Pentecostes filed a motion for reconsideration which was denied on April 19, 2005.
He then filed the present petition, arguing grave abuse of discretion by the CA and questioning the sufficiency of evidence identifying him as the assailant amid Rudy’s intoxication and nighttime conditions.
Pentecostes further argued that the ownership or use of the car attributed to him was unproven, and reiterated his alibi that he was in Quezon City on the date of the crime.

Whether the prosecution established beyond reasonable doubt that Engr. Carlito Pentecostes, Jr. was the assailant who shot Rudy Baclig;
Whether the petitioner’s defense of alibi should be given weight and prevail over the prosecution’s evidence;
Whether petitioner’s conviction should be for attempted murder or less serious physical injuries;
Whether treachery attended the commission of the offense;
Whether awards for moral damages were properly granted.