G.R. No. L-68699 - People vs. Magdueno

The case involves the People of the Philippines as plaintiff-appellee and Hermogenes Magdueno as accused-appellant.
Magdueno was charged with the crime of murder, qualified by treachery and evident premeditation, aggravated by price or reward, and by the crime being committed in contempt of or with insult to public authority.

The amended information charged Hermogenes Magdueno, along with co-accused Apolinario Sison, Teodorico Ramirez, Alejandro Guevarra, Alfredo Guevarra, and Edgardo Casabay.
The specific allegation detailed that on or about October 15, 1980, in Puerto Princesa City and Aborlan, Palawan, the accused, in conspiracy and mutual aid, unlawfully possessed an unlicensed 9mm automatic pistol.
The prosecution alleged that the accused used the firearm in a premeditated attack on Fernando M. Dilig, the City Fiscal of Puerto Princesa, thereby inflicting fatal wounds.

The shooting occurred on October 15, 1980, a few minutes past 8:00 a.m. as Fiscal Dilig was seated in his jeep near his residence at the corner of Roxas and D. Mendoza Streets.
Two successive gunshots were fired; the first shot, fired from the left side, struck Dilig in the neck, and the second struck the lumbar region.
The autopsy by Dr. Rufino P. Yuzon provided detailed descriptions of the entrance and exit wounds on the neck and lumbar region, confirming the fatal nature of the injuries.

Elena Adion Lim, positioned about 20 to 30 meters from the scene, witnessed the gunman approaching with a short gun and a clutch bag, later identifying Magdueno as the shooter.
Ernesto Mari Y Gonzales, a security guard, saw the gunman while riding a tricycle; he noted the attire of the accused (white polo shirt, blue pants, and a hat) and a distinctive scar on his left temple.
Cynthia Canto, a taxi dancer, testified that she saw the gunman firing at Fiscal Dilig and later positively identified Magdueno when confronted by the police.

Magdueno executed an extra-judicial confession admitting to the killing of Fiscal Dilig for a price or reward.
In his confession, he implicated Leonardo Senas and Mauricio de Leon, although the latter two were later dropped from the information due to lack of prima facie evidence.
The confession detailed the hiring arrangement, including an advance payment and the agreed fee, and confirmed the use of a 9mm automatic revolver during the commission of the crime.

Magdueno claimed an alibi by asserting he was at Leonardo Senas’ house in Aborlan during the incident and that he was in Palawan for business related to assorted merchandise.
His defense contended errors in the trial court's proceedings, notably in convicting him for murder and in admitting his extra-judicial confession as evidence.
The defense also argued against the credibility of the eyewitness identifications and the circumstantial evidence linking him to the crime.

The Regional Trial Court of Palawan and Puerto Princesa City found Magdueno guilty beyond reasonable doubt of murder under the qualifying circumstances.
The court imposed the penalty of death with accessory penalties, ordered the payment of actual and moral damages to the victim’s heirs, and acquitted the other accused due to insufficient evidence.
The trial judge’s decision was based on a comprehensive evaluation of eyewitness identification, forensic evidence, extra-judicial confession, and corroborative testimonies.

The appellant contended that the trial court erred in convicting him for murder due to the alleged misidentification and lack of corroborative evidence regarding his presence at the scene.
The defense challenged the credibility of the eyewitness testimonies that positively identified Magdueno.

It was argued that the trial court erred in admitting the extra-judicial confession provided by Magdueno.
The appellant claimed that the confession was obtained under conditions that may have compromised its voluntariness, citing potential coercion or improper procedure during custodial interrogation.