Case Summary (G.R. No. 181444)

Overview of the Case

• The case involves Bobby "Abel" Avelino y Bulawan, who was convicted of murder by the Regional Trial Court (RTC) and whose conviction was affirmed by the Court of Appeals (CA).
• Avelino was charged with murder along with several co-accused, but only he and a few others were present during the trial.
• The prosecution presented eight witnesses, including the victim's wife and various eyewitnesses.

Facts of the Case

• The incident occurred in September 2000 when Avelino allegedly directed his employee to summon a group of individuals, indicating an intention to kill Chairman Generoso Hispano.
• On October 5, 2000, Chairman Hispano was shot while driving, and eyewitness Alfredo Manalangsang identified Avelino as the shooter.
• Avelino was seen driving the victim's jeep after the shooting, further implicating him in the crime.

Defense and Trial Proceedings

• Avelino denied the charges, claiming he was at a hotel with his wife at the time of the murder, presenting an alibi.
• The RTC found Avelino guilty of murder, qualifying the crime with treachery, and sentenced him to reclusion perpetua, along with financial penalties to the victim's heirs.

Court of Appeals Decision

• The CA upheld the RTC's decision, increasing the award for actual damages.
• Avelino's motion for reconsideration was denied, prompting him to appeal to the Supreme Court.

Arguments on Appeal

• Avelino contended that the CA erred in relying on the testimonies of prosecution witnesses and disregarding inconsistencies in their statements.
• He reiterated his defense of denial and alibi, arguing that the prosecution failed to prove his guilt beyond a reasonable doubt.

Evaluation of the Defense

• The Supreme Court emphasized that denial and alibi are weak defenses that cannot outweigh positive identification by witnesses.
• Avelino's alibi was deemed insufficient as it did not establish that it was physically impossible for him to be at the crime scene.

Witness Identification

• Manalangsang's identification of Avelino was deemed credible, supported by familiarity and the circumstances of the crime.
• The Court noted that the lighting conditions at the scene were adequate for identification, countering Avelino's claims of insufficient visibility.

Medical Evidence and Testimony

• The Court addressed Avelino's argument regarding inconsistencies between witness testimony and medical findings, clarifying that the trajectory of the bullets did not negate the eyewitness accounts.
• The testimony of the medico-legal officer was found to be consistent with the possibility of the gunman being in an elevated position.

Credibility of Witnesses

• The Supreme Court upheld the trial court's assessment of witness credibility, noting that minor inconsistencies do not undermine the overall reliability of their testimonies.
• The Court reiterated that the trial judge's evaluation of witness credibility is given significant weight.

Treachery as a Qualifying Circumstance

• The Court confirmed that the elements of treachery were present, as the victim was ambushed without the opportunity to defend himself.
• The une...continue reading

Case Syllabus (G.R. No. 181444)

Case Overview

• This case involves an appeal by Bobby Avelino y Bulawan from the Decision of the Court of Appeals (CA) affirming his conviction for murder.
• The conviction was based on the killing of Generoso Hispano, the chairman of a barangay, with qualifying circumstances of treachery and evident premeditation.
• The appeal also included a motion for reconsideration, which was denied by the CA.

Procedural History

• The Regional Trial Court (RTC) found Avelino guilty of murder on April 28, 2006, sentencing him to reclusion perpetua.
• The RTC ordered him to indemnify the victim's heirs with various amounts for damages.
• The CA upheld the RTC's decision, modifying the amount of actual damages awarded.

Facts of the Case

• Avelino was charged along with several co-accused, some of whom were still at large during the trial.
• The prosecution presented eight witnesses, including the victim's wife and others who witnessed the shooting.
• On the day of the murder, Avelino instructed his employee, Renato Sosas, to summon several individuals, expressing intent to kill the victim.
• The murder occurred on October 5, 2000, when Hispano was ambushed while driving. Witnesses described seeing three assailants, one of whom was identified as Avelino.

Prosecution Evidence

• Witness Alfredo Manalangsang identified Avelino as the shooter, noting the distinct green jacket and his familiarity with...continue reading