Case Digest (G.R. No. 229678)
Facts:
People of the Philippines v. Herminio Vidal, Jr. y Uayan @ "Pato," Arnold David y Cruz @ "Anot," Cipriano Refrea, Jr. y Almeda @ "Cobra," Ricardo H. Pineda @ "Peter," Edwin R. Barqueros @ "Marvin," and Daniel Yason @ "Ace," G.R. No. 229678, June 20, 2018, Supreme Court Second Division, Peralta, J., writing for the Court.
The prosecution charged respondents-appellants Herminio Vibal, Jr. y Uayan (@ Pato) and Arnold David y Cruz (@ Anot), together with several others, in Informations dated July 4, 2007 (with amended Informations March 9, 2009), for two counts of the complex crime of Direct Assault with Murder (Criminal Case Nos. 17646‑B and 17647‑B) and one count of Direct Assault with Frustrated Murder (Criminal Case No. 17648‑B), all arising from a May 10, 2005 shooting at the Sta. Rosa City Hall, Laguna.
On May 10, 2005, during a mass wedding officiated by Mayor Leon C. Arcillas, gunmen opened fire as the mayor and his escorts walked from the ceremony. Mayor Arcillas and PO2 Erwin B. Rivera died from gunshot wounds; PO3 Wilfredo B. Almendras (private complainant and eyewitness) was wounded but survived. A special task force (NBI, CIDG, Regional Intelligence Unit, SOCO, Laguna Investigation Division) investigated. During the probe Cipriano Refrea implicated Vibal and David as the gunmen; they were identified as members of a gang. Refrea later died; two accused remained at-large; one accused (Yason) succeeded on demurrer.
Vibal and David were arraigned (May 13, 2009) and pleaded not guilty. Pre-trials were terminated and joint trials conducted. The RTC, Branch 25, Biñan City, Laguna, by Decision dated February 6, 2013 (Judge Teodoro N. Solis), convicted Vibal and David of two counts of the complex crime of Direct Assault with Murder and one count of Direct Assault with Frustrated Murder, imposing reclusion perpetua for the murder counts and an indeterminate term for the frustrated murder count, with awards of civil and moral damages; cases against some co‑accused were archived pending arrest.
Vibal and David appealed to the Court of Appeals (CA‑G.R. CR‑HC No. 06206). The CA, in a Decision dated February 24, 2016, affirmed the murder convictions but modified the third count to the complex crime of Direct Assault with Attempted Murder, reduced the penalty for that count accordingly, and fixed monetary awards (including exemplary and temperate...(Pro-only)
Issues:
- Was the eyewitness identification by PO3 Wilfredo B. Almendras sufficiently credible and reliable to sustain the convictions of Vibal and David beyond reasonable doubt?
- Did the facts establish the elements of the complex crime of Direct Assault with Murder (including treachery and conspiracy) for Criminal Case Nos. 17646‑B and 17647‑B, and should Criminal Case No. 17648‑B be qualified as frustrated murder or only attempted murder?
- Were the penalties and damages imposed by the lower co...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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