G.R. No. 166479 - Velasco vs. People

Petitioner Rodolfo C. Velasco was charged by Information dated 20 April 1998 with Attempted Murder for shooting Frederick Maramba on or about 19 April 1998 in Dagupan City. The Information alleged the use of a .45 caliber pistol, treachery, and that the accused commenced the felony but did not consummate it for reasons other than his own spontaneous desistance.
Petitioner pleaded not guilty; was released on surety bond (Mega Pacific Insurance) on 29 September 1998; later allowed bail during appeal; Bureau of Immigration was directed to include him in the hold departure list.

On 19 April 1998 at about 7:30 a.m., private complainant Frederick Maramba was washing his jeep in front of his house in Lasip Grande, Dagupan City. A motorized tricycle stopped nearby; petitioner allegedly alighted, approached Maramba and fired several times with a .45 pistol. The first shot missed, the second struck Maramba in the left upper arm; Maramba stumbled, stood up and ran while the assailant continued firing but missed.
The shooting was reported to the local police by Barangay Captain Dacasin (who relayed that the suspect wore a "chaleco"). Police (SPO4 Romulo Villamil, PO3 Rolando Alvendo, SPO1 Soliven) pursued the tricycle; petitioner was captured aboard a motorized tricycle en route to Calasiao. Seized from petitioner: one firearm (Exhibit "A"), three magazines (Exhibits "B", "B-1", "B-2") and fourteen live ammunitions (Exhibits "C"–"C-13"). Seven spent ammunitions (Exhibits "D"–"D-6") were recovered at the crime scene.
At the City Jail, private complainant identified petitioner as the assailant and executed an affidavit (Exhibit "H"). Medical treatment was given at Region 1 Medical Center; Medico-Legal Certificate (Exhibit "I") described gunshot entry and exit wounds on the left arm. Complainant incurred hospital/medicine expenses amounting to P2,696.06 (Exhibits "J"–"J-14").

Armando Maramba (tricycle driver who conveyed the accused) testified that he picked up petitioner (wearing a "chaleco") and that petitioner exited at complainant's parked jeep, fired several shots, then instructed him to proceed to Calasiao. Armando identified petitioner in an affidavit (Exhibit "G") and at the police station.
Police witnesses testified to the arrest, seizure of firearm and ammunitions, and recovery of shells at the scene. Medical witness provided medico-legal findings. Complainant and Armando identified petitioner at the jail/police station.

Petitioner interposed alibi and denial. He claimed he spent the night of 18 April 1998 at a friend's house in Lingayen, rode with Berting Soriano on 19 April and alighted at Banaoang diversion road, then took a tricycle toward Bayambang/Calasiao. While en route, three men (who introduced themselves as policemen) allegedly accosted him, confiscated his gun and brought him to the police station; he denied knowledge of complainant and denied firing at him. He produced his firearms license (Exhibit "2").

RTC Branch 41, Dagupan City (29 June 1999) found petitioner guilty of Attempted Murder and sentenced him under the Indeterminate Sentence Law to the indeterminate penalty of four (4) years prision correccional (minimum) to eight (8) years and one (1) day prision mayor (maximum), and ordered indemnity of P2,696.00.
Petitioner appealed to the Court of Appeals (CA). CA (30 July 2004) affirmed the RTC decision and dismissed the appeal. Petitioner filed a motion for reconsideration which the CA denied (21 December 2004).
Petitioner filed a petition for review on certiorari under Rule 45 before the Supreme Court raising primarily challenges to identification, alleged suppression of evidence (non-presentation of Barangay Captain Dacasin and lack of ballistic report), insufficiency of proof of treachery, improper factual restatement by the CA, and urging that the acts amounted only to attempted homicide, plus evidentiary/credibility arguments (frame-up theory, lack of motive, bias of witnesses).

Whether the prosecution sufficiently established the identity of the assailant (petitioner) beyond reasonable doubt by positive identification.
Whether alleged suppression of evidence (non-presentation of Barangay Captain Dacasin and omission of a ballistic report on the spent shells) deprived petitioner of a fair trial or rendered the identification/conviction unreliable.
Whether the defense of alibi and denial, together with claimed inconsistencies, cast reasonable doubt on petitioner’s guilt.

Whether treachery, as an aggravating circumstance, was properly found to elevate the offense to attempted murder rather than attempted homicide.
Whether the evidence supports conviction for attempted murder and the corresponding penalty imposed under Articles 248 and 51 of the Revised Penal Code as applied with the Indeterminate Sentence Law.

Whether the Supreme Court should re-evaluate factual findings made by the trial court and affirmed by the CA under a Rule 45 petition (i.e., whether there is a misapprehension of facts or grave abuse of discretion warranting review).