G.R. No. 79123-25 - People vs. Trinidad

Accused-appellant: Emeliano Trinidad, a member of the Integrated National Police assigned at Nasipit Police Station and resident of Baan, Butuan City.
Plaintiff-appellee: People of the Philippines.
Victims: Lolito Soriano (deceased), fish dealer based in Davao City; Marcial Laroa (deceased), helper of Soriano; Ricardo Tan (survivor and principal witness), driver and helper of Soriano.

On 19 January 1983, Soriano, Laroa, and Tan arrived at Butuan City to sell fish using a Ford Fiera.
On the morning of 20 January 1983, Soriano drove the Fiera with Laroa and a helper of Samuel Comendador to Buenavista, Agusan del Norte. Tan stayed in Butuan to dispose of fish left at Langihan market but followed later.
Accused Trinidad requested a ride to Bayugan, Agusan del Sur (on the way to Davao City), while in Buenavista. At this time, Trinidad was in police uniform, carrying a carbine and a .38 caliber revolver.
At about 5:20 P.M. of 20 January 1983, Tan drove the Fiera with Soriano, Laroa, and Trinidad. Trinidad was seated at the right rear seat.
Between El Rio and Afga, Trinidad advised to drive slowly due to danger. Suddenly, two gunshots were fired. Both Soriano and Laroa were shot in the head and died at the scene. Trinidad used his carbine in killing them.
Tan escaped by jumping off the running vehicle, hid in bushes, and later fled upon being chased and shot by Trinidad. Tan was wounded in the thigh but survived. He eventually received help from a policeman and returned to Butuan City.

Trinidad denied involvement and claimed an alibi that he was in Cagayan de Oro City on 20 January 1983.
He reported for duty on 19 January but requested permission to be relieved on 20 January for his birthday.
Left his residence in Butuan around 3:00 P.M., took a bus to Cagayan de Oro, arriving around 8:00 P.M.
Visited his sister's house at Camp Alagar and was corroborated by Sgt. Caalim.
Claimed to have left Cagayan de Oro on 21 January at lunchtime, returning to Butuan at 6:00 P.M., and was arrested at Buenavista upon reporting for duty.

The Regional Trial Court, Branch 7, Bayugan, Agusan del Sur, found Trinidad guilty beyond reasonable doubt of two counts of Murder and one count of Frustrated Murder.
Sentenced Trinidad to Reclusion Perpetua for each Murder charge, and 8 years and 1 day to 12 years for Frustrated Murder, with respective indemnities awarded and costs imposed.

Whether the evidence presented by the prosecution is insufficient to prove beyond reasonable doubt the guilt of Emeliano Trinidad for the crimes charged (two counts of Murder and one count of Frustrated Murder).
Whether the defense of alibi is valid to negate the accused's presence at the crime scene.
Whether the absence of gunpowder burns negates the claim that the victims were shot at point-blank range.
Whether the accused can only be convicted of Attempted Murder instead of Frustrated Murder.
The proper penalty to impose given changes in the law, specifically the abolition of the death penalty under the 1987 Constitution.