Title
People vs. Aguilar
Case
G.R. No. 98425-26
Decision Date
May 21, 1993
Aguilar acquitted of murder and attempted murder charges due to unreliable witness identification and insufficient evidence proving guilt beyond reasonable doubt.
acquittal
insufficient evidence
reasonable doubt

Case Summary (G.R. No. 98425-26)

Factual Background of the Shootings and the Hand Grenade Explosion

The prosecution presented that on the evening of 1 August 1989, Marcelino Aquino and his mother, Lilia, were shelling corn under their house. Marcelino was suddenly shot in the abdomen and died after only being able to shout “Nay.” The first gunshot was followed by three more gunshots from different directions, and then by the explosion of a hand grenade that had been lobbed into the house, which caused injuries to Lilia, Ailleen, and Argie. The prosecution’s narrative further maintained that Aileen and Salustiano were able to identify the accused as standing near the kitchen and holding a long firearm after the explosion, relying on the illumination from a kerosene lamp near the explosion site. For purposes of proof, the prosecution relied on the testimonies of Salustiano Aquino and Lilia Aquino as evidence in chief, and on additional testimony from Ailleen Aquino and Salustiano on rebuttal. A death certificate was marked as Exhibit “E”, and medical certificates were presented as Exhibits “A,” “B,” and “D,” issued by the physician who treated the victims.

The accused advanced the defenses of denial and alibi. He asserted that he was asleep in his house at the time the incident occurred, and that at about 9:30 p.m. he was awakened by his father due to gun reports and an explosion. Thereafter, a CAFGU group led by Crescencio Dolero allegedly went to the Aquinos’ house. The accused denied that he was present at the scene during the material time and denied the accusation that he was pointed at as the shooter and the grenade thrower.

Initiation of Criminal Complaints and Filing of Informations

Before the RTC trial, the Station Commander filed separate complaints for Murder and Multiple Frustrated Murder at the 4th Municipal Circuit Trial Court (MCTC) of Bagumbayan-Esperanza, Sultan Kudarat on 9 August 1989 and 24 August 1989, respectively, against the accused and two unidentified persons (designated as John Doe and Peter Doe) whose cases were pending preliminary investigation. The accused was arrested on 16 August 1989 on the strength of a warrant issued in the first case. After the accused filed a motion to fix bail bond, an agreement between counsel and the prosecution led the MCTC, on 6 September 1989, to allow the withdrawal of the motion without prejudice to refiling in the RTC and to order transmittal of the cases to the Office of the Provincial Prosecutor.

On 25 September 1989, the Office of the Provincial Prosecutor filed with the RTC two separate Informations for Murder and Multiple Frustrated Murder against REYNALDO AGUILAR alias Nonong, docketed as Criminal Case No. 1856 and Criminal Case No. 1857, respectively. In the accusatory portions, the Informations alleged the conspiratorial attack with intent to kill for the death of Marcelino Aquino and, with respect to Criminal Case No. 1857, the throwing of a hand grenade causing serious injuries to Lilia, Ailleen, and Argie, with the victims surviving due to timely and able medical assistance.

Arraignment and Joint Trial

On 2 November 1989, during arraignment, the accused pleaded not guilty to both charges. The cases were subsequently consolidated for joint trial. At trial, the prosecution called Salustiano Aquino and Lilia Aquino in its evidence in chief. It later presented Ailleen Aquino and Salustiano Aquino on rebuttal, responding to the defense’s claim that the accused was not present at the Aquinos’ house. The defense relied on the testimony of Crescencio Dolero, Dionisio Castor, Ricardo Aguilar, Pfc. Merly Sevilla, and the accused himself, who was later recalled as a sur-rebuttal witness.

Trial Court Findings and Conviction

On 15 January 1991, the RTC rendered judgment convicting the accused in both cases. In Criminal Case No. 1856, the RTC convicted the accused of Murder and imposed the penalty of reclusion perpetua, ordered indemnification of the heirs of Marcelino Aquino in the sum of P30,000.00 as indemnity for death, and ordered payment of costs. In Criminal Case No. 1857, the RTC convicted the accused of what it denominated as Multiple Attempted Murder, imposing an indeterminate sentence ranging from two (2) years, ten (10) months, and twenty (20) days of prision correctional (minimum) to six (6) years, one (1) month, and eleven (11) days of prision mayor (maximum), and ordered payment of costs. The RTC also directed that, as a detention prisoner, the accused should receive full credit of his preventive imprisonment under Article 29 of the Revised Penal Code, as amended by R.A. No. 6127, provided he complied in writing with the disciplinary rules.

The trial court’s conviction was anchored on the prosecution witnesses’ identification of the accused. It accepted that the accused was positively identified by the prosecution witnesses as the person who shot Marcelino Aquino and as the person responsible for the grenade explosion.

Issues Raised on Appeal and the Appellant’s Position

The accused appealed the RTC decision, asserting the following principal errors: first, that the trial court erred in giving full credence to what he characterized as the incredible testimony of Salustiano Aquino regarding positive identification; second, that it erred in failing to consider the unbiassed testimonies of defense witnesses; and third, that it erred in convicting him despite reasonable doubt. The appeal therefore directly attacked both the sufficiency of the identification evidence and the evidentiary basis for attributing both the shooting and the grenade explosion to him.

Supreme Court Appellate Evaluation of Identification and Causation

Upon review, the Supreme Court found a lack of evidentiary support for the trial court’s conclusion that the accused was personally responsible for the death of Marcelino Aquino and for the grenade explosion that injured Lilia, Ailleen, and Argie. The Court emphasized that nobody saw the person who fired the first gunshot that hit Marcelino and killed him. It noted that the first gunshot was followed by three additional shots from different directions, which could only suggest, at best, the presence of multiple shooters firing from different places, or alternatively the same shooter firing moving between positions, because the record did not establish that the three shots were fired simultaneously.

On the assumption that there were at least three assailants, the Court held that the accused’s criminal responsibility would depend on proof that he was one of the assailants and that he either fired the first shot and threw the hand grenade, or that any assailant committed the acts in question. In the latter scenario, the Court stated that conspiracy among the assailants would be a condition sine qua non to attributing the acts of others to the accused. The Court concluded that, despite careful review, there was no credible and adequate proof that the accused either fired the first shot and threw the grenade, or that there was conspiracy among the assailants.

The Trial Court’s Reliance on Post-Explosion Observation and the “Second Gunshot” Problem

The Supreme Court observed that the RTC anchored its finding of culpability for Marcelino’s death largely on the testimony of Salustiano Aquino that, minutes after the explosion, as the family proceeded toward the kitchen, he saw the accused pointing a gun at Marcelino and shooting him. The Court quoted the material parts of Salustiano’s testimony on identification and distance, including the claim that he recognized the accused because he was near him and because the kerosene lamp’s light reflected on the accused.

The Supreme Court then dissected the timing and medical evidence. It stressed that Marcelino had already been hit by the first shot and died as a consequence. It reasoned that unless the accused could be equally held responsible for the first shot, he could not be held liable for a supposed subsequent “second gunshot” at a time when Marcelino was already dead. It further questioned whether there was indeed a second shot fired at Marcelino, because if Salustiano’s testimony about the accused’s pointing and shooting was credible, Marcelino should have sustained two gunshot wounds.

The Court found that the death certificate contradicted the trial court’s conclusion. The certificate stated, as to the cause of death, “Internal Hemorrhage 2d Gunshot wound , abdomen about 7 cm below the umbilicus.” The Supreme Court treated the wording as indicating only one gunshot wound, not two. It explained that the prosecution should have presented the issuing doctor to testify as to the cadaver findings if the medical record were to be read as supporting two wounds. The prosecution did not present Dr. Rhodora T. Antenor, the Municipal Health Officer who issued the certificate. Thus, the Supreme Court held that the prosecution failed to supply proof beyond reasonable doubt as to the accused’s culpability for the death of Marcelino.

Reassessment of Positive Identification: The Extinguishment of the Kerosene Lamp

Although the Supreme Court recognized the general doctrine that alibi and denial cannot prevail over positive identification, it held that the trial court’s positive identification here could not stand because of a significant overlooked fact regarding visibility. The Court focused on the extinguishment of the only light source. It noted that Aileen Aquino admitted on cross-examination that when the big explosion occurred, the light of the house was put off. This admission corresponded with the testimony that the kerosene lamp was about one and one-half (112) meters from the explosion area. The Court held that the trial court relied on the assertion that Salustiano could recognize the accused due to the kerosene lamp’s light reflecting on him. Yet, the lamp’s extinction at the time of the grenade explosion made that identification basis implausible. The Court characterized Salustiano’s statement that he recognized th

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