G.R. No. 127761 - People vs. Pascual

On March 14, 1995, in San Manuel, Isabela, Dr. Maximino P. Picio, Jr.—the Municipal Health Officer—was fatally shot.
The killing occurred in front of the house of Marissa Robles, a former midwife who had rendered services at the Rural Health Unit until her termination on August 5, 1994.
The incident transpired at around 7:00 in the evening when Dr. Picio had just spent time discussing matters concerning the Rural Health Unit at Marissa’s house and was preparing to leave.
At about 9:00 in the evening, two unidentified gunmen suddenly appeared, armed with short firearms, and confronted Dr. Picio as he was about to board his motor vehicle.

Marissa Robles, though not a party to the crime, became the key prosecution eyewitness.

She observed the assailants approaching under the illumination provided by electric lights from the house, headlights from Dr. Picio’s vehicle, and the moonlight, which helped her identify the suspects.
Marissa testified that one of the men even shoved her aside to clear the path toward Dr. Picio before the shooting commenced.

After the attack, Dr. Picio was pulled from his vehicle and was repeatedly shot despite his pleas in Ilocano not to be shot, as he believed they were friends.
The assailants fled the scene only after the victim had succumbed to his multiple gunshot wounds.

A post-mortem was conducted by Dr. Bernardo Layugan on March 16, 1995, which revealed multiple gunshot wounds at various parts of Dr. Picio’s body (left upper lip, chin, anterior sternal portion, right armpit, and anterior abdominal portion).
Upon his arrest on March 15, 1995, appellant Pedro R. Pascual underwent a paraffin test at the PNP Crime Laboratory to detect gunpowder residue; the results were negative for nitrates.
Witnesses supporting the defense—neighbors Elmer Velasco, Guillermo Velasco, and Santiago Casticon—testified that they had been at Pascual’s house on the evening of March 14, 1995, corroborating his alibi that he remained at home throughout the night.

Pedro R. Pascual, who had a history of detention related to an ambush in 1990 and past associations with the New Peoples Army (NPA), pleaded not guilty when arraigned.
He testified that on the night of March 14, 1995, he was at his residence in Barangay Eden, San Manuel, and had no involvement in the shooting.
The appellant further contended that the eyewitness account of Marissa Robles was questionable given her separation from the Rural Health Unit since August 5, 1994, and the improbability of her being present at both the scene of the crime and earlier at the unit shortly before the event.
Pascual argued that the negative paraffin test should have been given more evidentiary value, suggesting the possibility that no gun was fired by him, or that any residue could have been removed by common substances like vinegar.

The trial court found that the testimony of Marissa Robles was credible, clear, and sufficient in establishing that the appellant was one of the assailants responsible for the killing of Dr. Picio.
Despite the alibi presented by defense witnesses, the court underscored that “credibility does not go with numbers,” holding that a single credible eyewitness account could suffice in a murder charge.
The court also noted that the absence of gunpowder residue in the paraffin test was not conclusive evidence of non-participation in the crime, citing that such residues might be removed by factors like perspiration or washing.
Conclusively, the Regional Trial Court of Roxas, Isabela, Branch 23, found Pedro R. Pascual guilty of murder and sentenced him to reclusion perpetua. Additionally, he was ordered to indemnify the victim’s forced heirs for expenses related to the wake and funeral, plus additional civil liabilities for moral damages and loss of earning capacity.

The case centered on the provisions of Article 248 of the Revised Penal Code, as amended, which defines murder and sets forth the attendant qualifying circumstances.
The decision also referenced elements such as treachery and the lack of evident premeditation in determining the applicability of the qualifying circumstances.

Whether the trial court erred in giving credence to the uncorroborated testimony of Marissa Robles who claimed to have witnessed the commission of the crime and identified the accused.

Whether it was a mistake to dismiss the testimonies of defense witnesses (Elmer Velasco, Guillermo Velasco, and Santiago Casticon) on the ground that their testimonies were “too good to be true.”

Whether the trial court erred in not giving any evidentiary weight to the negative result of the paraffin test, which showed no gunpowder residue on the accused’s hands.

Whether the court committed an error in holding that the accused was one of the killers of Dr. Maximino P. Picio, Jr., despite his alibi and other evidence presented in his favor.