G.R. No. 129072 - People vs. Abubu y Valdez

Accused-appellant Antonio Abubu y Valdez, along with co-accused Jesus Valdez y Bueno and others, was charged with murder and multiple counts of frustrated murder in the Regional Trial Court of Cauayan, Isabela.
The charges stemmed from the death of Julius Golocan and injuries to his family members, Flordeliza, John Paul, and Noemi Golocan.
Only Abubu and Jesus Valdez were apprehended and arraigned; the others remained at large.
The trial court acquitted Jesus Valdez but convicted Abubu, sentencing him to death and ordering him to pay damages to the heirs of the deceased.

Flordeliza S. Golocan identified Abubu as one of the assailants who shot her family.
The trial court found her testimony credible, having observed her demeanor during the trial.
The Supreme Court emphasized that convictions rely on the credibility of witness testimony rather than the number of witnesses.

Abubu's actions after the shooting contradicted his claim of innocence; he did not report the incident but sought refuge at his cousin's house.
This behavior was interpreted as indicative of guilt, undermining his defense.

The Supreme Court determined that the evidence did not support a conviction for the complex crime of murder with multiple frustrated murder.
The killings and injuries resulted from distinct acts of shooting by multiple gunmen, not a single act.
The presence of two empty shells at the crime scene indicated multiple shooters, reinforcing the conclusion that the acts were separate.

The prosecution proved the presence of treachery in the attack on Julius Golocan.
The sudden and unexpected nature of the assault, coupled with Julius's inability to defend himself while holding his child, established treachery as a qualifying circumstance.

Under Article 248 of the Revised Penal Code, the penalty for murder ranges from reclusion perpetua to death.
In the absence of mitigating or aggravating circumstances, the lesser penalty of reclusion perpetua was imposed on Abubu for the murder of Julius Golocan.

For the frustrated murders of Flordeliza, John Paul, and Noemi, the penalty of reclusion temporal was applied, being one degree lower t...continue reading