G.R. No. L-31960 - People vs. Zapatero

On March 17, 1968, at about 9:30 in the morning, Demetrio Botanes, accompanied by his wife Salvacion Botanes and their children, headed to a birthday party at Calm Spring in Barrio Matit, Penarrubia, Abra.
The family, driving in their car along with other guests, safely reached the destination and enjoyed the festivities.
Around 4:00 in the afternoon, as the picnickers began to disperse to retrieve their parked vehicle, a tragic event unfolded.

While Demetrio Botanes and his family waited near their car, a gunshot was suddenly fired from behind.
Salvacion Botanes witnessed the shooting, observing at a distance of seven or eight meters a twenty-six-year-old man, later identified as Jose Zapatero, holding a firearm. Alfredo Zapatero was seen beside him.
Demetrio Botanes was fatally shot. Salvacion, while cradling her eight‐month–old child, attempted to flee but soon returned to her husband, who later died from his wounds.
Companions of the deceased sought refuge, and Salvacion eventually ran to Bangued to report the incident to local law enforcement.

Police and Constabulary personnel, including Sergeant Irineo Obra and Sergeant Domingo Valera, arrived at the scene, and an investigation was promptly conducted.
The body of Demetrio Botanes was transferred to the Abra Provincial Hospital where an autopsy by Dr. Gerardo Pizarro revealed:

A penetrating-perforating circular wound (entry wound) at the right side of the nape of the neck.
A gaping circular exit wound over the left eye that led to severe craniofacial injuries, including the loss of the left eyeball.

Medical findings indicated the use of a .30 caliber firearm, with evidence supporting that the assailant fired from behind at a lower elevation.

Based on Salvacion Botanes’ sworn statement—taken on the day of the shooting—the Zapatero brothers were implicated, leading to a complaint for murder on March 20, 1968, and the issuance of arrest warrants.
Although initially evading arrest in Abra by being in Cagayan, Alfredo Zapatero surrendered on July 18, 1968, and Jose Zapatero on July 20, 1968.
The accused waived the second stage of the preliminary investigation and an information for murder was filed on October 7, 1968.
The lower court condemned both Zapatero brothers for murder, sentencing each to reclusion perpetua and ordering an indemnity payment of P12,000 (to be divided proindiviso) to the heirs of Demetrio Botanes, aside from imposing costs.

The murder was rooted in a personal vendetta.
A sworn statement by Demetrio Botanes, dated January 10, 1968, disclosed that the Zapatero father, Felix, had a history of criminality.
Demetrio Botanes had been involved in retaliatory actions against Felix Zapatero, which eventually motivated the Zapatero brothers to exact revenge by killing him.
The familial proximity and previous neighborly relations (their houses were only 120 meters apart in Barrio Lubong) further underscored the personal nature of the motive.

Salvacion Botanes provided a detailed account, identifying the Zapatero brothers as the shooters.
Her testimony was reinforced by the later identification by her son, Jimmy Botanes, despite his tender age, as well as by other circumstantial evidences, such as the consistency of the narrative provided by physical evidences (e.g., the positioning described in a sketch).
The trial court’s ocular inspection of the crime scene corroborated the testimonies, establishing the relative positions of the victim and the assailants.

Whether the identification of the Zapatero brothers by Salvacion Botanes and her young son, Jimmy, is sufficiently credible, given the circumstances and the potential for error.
The contention regarding discrepancies between the graphical sketch (indicating the assailant’s location) and the inferences drawn by Dr. Pizarro about the relative positioning of the shooter.

Whether the Zapatero brothers’ claim of being in Gattaran, Cagayan during the commission of the crime, in order to provide an alibi, effectively negates their involvement.
The assessment of the diversionary tactic, suggesting that they absent themselves post-crime to evade apprehension and to prepare a defense.

Whether the evidence on hand proves evident premeditation and a deliberate plan to kill Demetrio Botanes, as inferred from the motive and the presence of treachery.
Whether both Jose and Alfredo Zapatero should be held co-principal in the murder, particularly considering the argument that only the gunwielder, Jose, should bear criminal liability.

The issue of whether the testimony of a minor (Jimmy Botanes) should be given significant weight, taking into account his age, the traumatic nature of the incident, and his capacity to perceive and recount the facts accurately.