Title
People vs. Mataro y Elizaga
Case
G.R. No. 130378
Decision Date
Mar 8, 2001
Two men convicted of murder for shooting a police officer in broad daylight; alibis rejected, eyewitnesses deemed credible, and treachery established.
murder case
positive identification
rejection of alibi defense

Case Summary (G.R. No. 130378)

Factual Background

The prosecution relied primarily on eyewitness accounts and the medical findings. Victor Nilo Fernandez, a jeepney driver running the Cubao-Divisoria route along Magsaysay Blvd., testified that at around 4:00 P.M. on 23 October 1992, he saw SPO1 Enrique Castillo, Jr. stop a light brown Toyota Corona. Mataro and Perucho disembarked, talked to Castillo, and thereafter returned with firearms: an armalite and a .45 caliber firearm. Fernandez testified that Castillo raised his hands, apparently signaling for the assailants to move along and forget the citation. Instead, the two accused shot him.

Reden Guzman testified that at about 4:15 P.M., while riding a passenger jeepney that stopped in front of SM Centerpoint, he saw the two accused shoot SPO1 Castillo.

The medical evidence was presented through Dr. Juan Zaldariaga, the NBI medico-legal officer, who testified that the victim sustained three gunshot wounds—one on the left side of the chest and two on the left side of the back. He opined on possible firing positions: one wound could have been inflicted while the victim was standing and facing the assailant about three feet away; another could have been inflicted while the victim was already in a supine position facing up with the assailant on top of his head; and the third could have occurred while the victim was already lying face down.

Investigative identification was connected to lineup procedures. SPO3 Jaime Santos testified that, after assignment, he contacted Fernandez and asked whether he could still identify the two persons who shot SPO1 Castillo. Upon Fernandez’s confirmation, Santos accompanied him first to the PNP jail in Camp Crame, where Fernandez identified Mataro, and then to the Muntinlupa jail, where Fernandez identified Perucho. The identifications were made in line-ups.

Finally, Evangeline Castillo, the victim’s widow, testified on expenses incurred by reason of her husband’s death.

Defense Evidence and Theory

The defense interposed alibi and denial, supported by witnesses and the accused’s own testimony. For Mataro, the defense presented Morieto Bello, who testified that on 23 October 1992, between 4:00 P.M. and 5:00 P.M., Bello was with Mataro at the Villamor Vulcanizing Shop between V.V. Soliven and SSS Village in Marikina, where Mataro was having his jeep fixed.

Another defense witness, Amy Pangilinan, testified that she was with Mataro in the afternoon of 23 October 1992 with a certain Gemma Sunga. She said they went to Antipolo to buy a pig, encountered engine trouble, and went to a vulcanizing shop, where they waited for at least an hour while the jeepney was being fixed.

Mataro testified consistently with this timeline. He stated that he left Fairview after 12:00 noon, arrived in Antipolo at about 3:00 P.M., and departed at around 5:00 P.M., explaining that the jeepney had engine trouble and that he stayed at the Villamor Vulcanizing Shop in Cupang, Antipolo for about an hour. He also asserted that he was arrested on 21 December 1992 on suspicion of membership in a kidnap-for-ransom gang. He admitted knowing Perucho because they had both been bodyguards of Atty. Leonardo Laurente, but he denied shooting SPO1 Castillo. During cross-examination, he testified that he was a former military man and had been given a machine gun but had returned it to his supply officer; he also claimed he only met Perucho when the latter arrived in Cagayan.

For Perucho, the defense presented Arturo dela Cruz, who testified that he was with Perucho in Aklan on 23 October 1992 and that Perucho left Aklan only sometime in November 1992. Perucho testified that he was in Aklan from June 1992 until November 1992, working as a bodyguard for Atty. Laurente for the elections, and he claimed Atty. Laurente’s intervention helped in his release from detention. Perucho denied the accusation.

Trial Court Findings

The RTC found that the prosecution had established guilt beyond reasonable doubt for murder. It concluded that the circumstances of the killing justified the murder conviction and it imposed reclusion perpetua on both accused. It also awarded damages, including P725,000.00 as actual damages (with computation tied to loss of earning capacity and expenses) and P1,000,000.00 as moral damages, plus costs, and ordered payment to the heirs of Enrique Castillo.

The Parties’ Contentions on Appeal

On appeal, the accused assigned error in convicting them despite, according to them, reasonable doubt and in allegedly failing to acquit them by applying the “equipoise rule.” They challenged the credibility of Fernandez and Guzman. They pointed to alleged discrepancies in sworn statements during investigation. They also argued that the prosecution witnesses did not agree on certain details, including the number of persons said to have been riding in the Toyota Corona and that an earlier description of Mataro’s age did not match his actual age. They invoked the equipoise rule, contending that their guilt had not been established beyond reasonable doubt.

The Office of the Solicitor General countered that the testimonies were positive, straightforward, and unerring, and that appellants were identified by Fernandez in two separate line-ups and during trial. The OSG further asserted that Guzman also identified them in court. It explained that any discrepancy on Mataro’s age was attributable to his appearance, and it argued that the equipoise rule need not apply because of the quality of identification.

Appellate Court Reasoning on Credibility and Identification

The Court addressed the credibility and sufficiency of identification by applying the requisites for a reliable identification, as enumerated in People vs. Teehankee, Jr. (249 SCRA 54 [1995]): the witness’s opportunity to view the criminal at the time of the crime; the degree of attention; the accuracy of prior description; the level of certainty; the length of time between the crime and identification; and the suggestiveness of the identification procedure. The Court agreed with the RTC’s evaluation that these requisites were met.

The Court emphasized that Fernandez and Guzman both had opportunity to view the incident. It noted that the shooting occurred in broad daylight at about 4:00 P.M. in an intersection and close proximity, and it treated the witnesses’ attentiveness as natural given the circumstances described by the prosecution. It likewise reiterated the general appellate restraint on disturbing trial court credibility findings, particularly where witnesses appeared unbiased.

On alleged evidentiary issues, the Court rejected the defense’s attempt to use a prior statement of Ebalde, who was not presented in court. The Court treated Ebalde’s alleged statement about the assailants’ car as hearsay and therefore without probative value. It also treated inconsistencies invoked by the appellants as minor and not fatal, reasoning that small discrepancies were more consistent with honest and unrehearsed testimony than with fabrication.

The Court further addressed the defense’s claim that the number of persons inside the Toyota Corona was inconsistent. It held that any such inconsistency was minor and did not weaken the positive eyewitness identification. It also treated the age discrepancy likewise as a minor matter.

Rejection of Alibi and Denial; Establishment of Conspiracy Through Eyewitness Identification

The Court held that despite the defenses of alibi and denial, the guilt of the accused stood because the identification by eyewitnesses was positive, categorical, and firm. It reiterated the settled principle that alibi cannot prevail over strong and positive identification.

As to the murder qualification, the Court held that the RTC correctly found treachery. It relied on Fernandez’s testimony that Castillo had already dismissed the accused after they talked to him and raised his hands. The Court held that the victim was deliberately allowed to enjoy a false sense of security, and that the accused shot him while his hands were raised, thereby placing him in a defenseless position. It cited People vs. Castro (20 SCRA 543 [1967]) to support the proposition that when the victim was shot with hands raised showing he would not fight or out of fear or to ward off impending shots, treachery exists because the victim is placed defenseless.

The Court also invoked People vs. Tobias (267 SCRA 229 [1997]), stating that even if a scuffle preceded the attack, treachery may still be appreciated if the execution of the attack made it impossible for the victim to defend himself or retaliate. On the Court’s view of the facts, the manner of execution satisfied treachery, justifying the RTC’s qualification of murder.

Review and Modification of Damages

While the Court affirmed the conviction and the murder qualification, it modified the awards of damages. It noted that an appeal in a criminal case opens the entire case for review, including matters not raised by the parties.

For actual damages, the RTC had awarded P725,000.00, which included loss of earning capacity computed at P660,000.00 plus other expenses. The Court agreed that the life expectancy formula should be applied, but it corrected the computation methodology for loss of earning capacity. It held that the loss of earning capacity should not be based on net monthly income. Instead, it required computation based on the victim’s gross annual income less estimated necessary and incidental living expenses, estimated at 50% of gross annual income. Using the Certification of Employment and Compensation (Exhibit “Q”), the Court found the victim’s gross annual income, including 13th month pay and bonus, to be P65,906.00. After deducting estimated living expenses, the net annual income was P32,953.00. Multiplying by the victim’s computed life expectancy of 22 years yielded a loss of earning capacity of P724,966.00.

The Court also ruled that actual damages must be proven by competent evidence and best obtainable proo

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