Case Digest (G.R. No. 134535)
Facts:
The case involves the appeal of Sergeants Alejandro Magno and Brigido Ringor, who were charged with murder for the killing of Bartolome P. Lizardo on March 7, 1995, in Barangay Prado, Umingan, Pangasinan. The charge asserted that the accused, armed with firearms, conspired and executed the attack on Lizardo with the intent to kill, employing treachery and evident premeditation. After their arraignment, both Magno and Ringor pleaded not guilty.
During the trial, the prosecution presented six witnesses, including family members of the victim, police officers, and a forensic expert, while the defense included testimonies from the accused and other fellow military personnel. On June 17, 1998, the trial court convicted both accused of murder, imposing the death penalty and ordering them to pay indemnification to the victim’s heirs.
Key details from the incident indicate that late on the night of the murder, the victim's wife, Sionita Lizardo, was enticed out by the accused who
Case Digest (G.R. No. 134535)
Facts:
Incident Overview:
- On March 7, 1995, at around 9:30 PM, two men in camouflage uniforms approached Bartolome Lizardo’s bungalow in Barangay Prado, Umingan, Pangasinan. They asked for a ride, claiming their vehicle had broken down. Bartolome Lizardo’s wife, Sionita Lizardo, was sleeping in a store beside the bungalow when she was awakened by her husband’s calls from his room window. Bartolome instructed her to wake their son, Agustin, who lived 25 meters away. Sionita complied and returned to the store.
The Shooting:
- One of the men bought cigarettes, and the other asked for water. As Sionita stepped out to fetch water, her skirt got caught on the barrel of an M-16 rifle carried by one of the men. The man apologized, and Sionita, feeling nervous, walked backward. She saw one man point a flashlight at her husband while the other raised his M-16 rifle and fired a burst at Bartolome, killing him. The two men then fled the scene.
Witness Testimonies:
- Cristita Lizardo, Bartolome’s daughter, corroborated Sionita’s account. She testified that she was in her room when she heard someone calling from outside. She went to the kitchen window and saw two men in camouflage uniforms talking to her father. After her mother returned from waking Agustin, the men bought cigarettes, asked for water, and then shot her father. Cristita rushed to her father’s room and found him dead.
Police Investigation:
- The police arrived at the Lizardo residence and set up checkpoints. At around 4:30 AM on March 8, 1995, Chief of Police Rogelio Danoli found an army truck parked in Barangay San Andres. He brought Sionita and Cristita to identify the suspects. The witnesses identified Alejandro Magno and Brigido Ringor as the assailants. The police confiscated three M-16 rifles from the soldiers.
Autopsy Findings:
- Dr. Alex Trinidad performed an autopsy on Bartolome Lizardo and found multiple gunshot wounds, including wounds to the chest, lungs, and aorta. The cause of death was severe internal hemorrhage due to multiple gunshot wounds.
Defense’s Alibi:
- The defense presented an alibi, claiming that Magno and Ringor were part of a military convoy transporting supplies from Camp Upi to Camp Aquino on the night of the incident. They claimed to have been at the Aries Restaurant in Bagabag, Nueva Ecija, at the time of the shooting. However, the prosecution’s witnesses positively identified Magno and Ringor as the assailants.
Issues:
- Identification of the Accused: Whether Sionita and Cristita Lizardo positively identified Alejandro Magno and Brigido Ringor as the assailants.
- Alibi: Whether the defense’s alibi that Magno and Ringor were not at the scene of the crime at the time of the shooting is credible.
- Qualifying Circumstances: Whether the crime was qualified by treachery and aggravated by evident premeditation.
- Liability of the Accused: Whether both accused are equally liable for the crime of murder or if one acted as an accomplice.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court modified the trial court’s decision, reducing the penalty for Alejandro Magno to reclusion perpetua and sentencing Brigido Ringor as an accomplice to an indeterminate penalty. The Court upheld the finding of treachery but ruled that evident premeditation was not proven.