G.R. No. 183094 - People vs. Barde

Appellant Reynaldo Barde and his brother Jimmy Barde were charged with the complex crime of multiple murder and multiple frustrated murder through an Information dated 13 August 1999.
The incident involved the explosion of an M26-A1 fragmentation hand grenade at a dancing place in Sitio Santo NiAo, Barangay Liguan, Municipality of Rapu-Rapu, Province of Albay on 15 April 1999, resulting in 15 deaths and 76 injuries.
Appellant was found guilty by the RTC and affirmed with modifications by the Court of Appeals, which increased the penalty to death but reduced it later to reclusion perpetua due to R.A. No. 9346 prohibiting death penalty. His co-accused and brother, Jimmy, was acquitted due to insufficient evidence.

Several prosecution witnesses, notably Elmer Oloroso and Antonio Barcelona, testified to appellant’s act of throwing the grenade inside the dance area, causing multiple deaths and injuries. Both positively identified appellant due to the well-lit area and prior acquaintance.
SPO2 Hipolito Talagtag and forensic examiner Engr. Ma. Julieta Razonable established that the explosion was caused by an M26-A1 fragmentation grenade via recovery of shrapnels and physical identification.
Witnesses detailed the sequence of events preceding and following the explosion—appellant’s entering the dancing place, throwing the grenade, and leaving immediately.
Defense witnesses, including appellant, denied guilt and claimed alibi, alleging appellant was outside the dance area when the explosion occurred. Appellant also alleged coercion and torture during police detention. Defense offered an alternative suspect, named Eddie Oloroso, as the real culprit, based on testimony of delayed witness Violeta Buemia, who claimed Eddie threw the grenade.
The trial court declared appellant guilty of the complex crime of multiple murder with multiple frustrated murder; awarded damages; acquitted Jimmy. The CA affirmed with modifications.

Appellant moved for reconsideration before the RTC and CA, both denied.
Appellant elevated the case to the Supreme Court, raising the sole assignment of error on failure of the prosecution to establish guilt beyond reasonable doubt.

Whether appellant’s guilt for the complex crime of multiple murder with multiple frustrated murder was proven beyond reasonable doubt.
Whether the defense of denial and alibi was sufficient to overcome positive identification by prosecution witnesses.
Whether the testimony of delayed witness Violeta Buemia implicating a third party as the real culprit should be given credence.
Whether the crimes committed against surviving victims constitute frustrated murder or attempted murder.
The proper penalty and quantum of damages to be imposed on the appellant.