Case Summary (G.R. No. 132482-83)
Incident Overview
The incident occurred on the evening of 28 October 1996 at the Baguio First Hotel, where Eliseo Tio, along with friends including Richard Acop, was engaged in business discussions over drinks. Tensions escalated between Tio and Lestino when Tio attempted to collect an unpaid debt, leading to a heated argument. Following multiple interventions to calm Tio, he left the venue only to return armed, where he fatally shot Lestino twice in quick succession.
Eyewitness Accounts
The prosecution presented several eyewitnesses, including Richard Acop, who detailed the events leading up to the shooting. Multiple witnesses testified to seeing Tio shoot Lestino, while forensic evidence corroborated their accounts; the autopsy revealed Lestino suffered two gunshot wounds consistent with the described circumstances of the shooting.
Defense Position
In his defense, Tio admitted to holding the gun but claimed that he did not shoot Lestino. He maintained that during the chaos, another individual, Richard Acop, had fired the shots. Nonetheless, the trial court found Tio’s narrative unconvincing, attributing his assertions to self-serving motives while crediting the consistency of the prosecution's witnesses.
Credibility of Witnesses
The trial court evaluated the credibility of the witnesses presented by the prosecution, dismissing Tio's claims regarding bias based on familial ties among the witnesses. Their testimonies were deemed credible and corroborative. The presence of a neutral bystander further reinforced the accusation against Tio.
Court Findings and Rulings
The trial court determined that Tio acted with treachery, having ambushed an unarmed Lestino. The court emphasized that the act of firing at a defenseless individual constituted a heightened moral culpability. The illegal possession of an unlicensed firearm was treated as an aggravating circumstance but was not punished separately.
Civil Damages
In relation to civil liability, the court awarded P50,000 as civil indemnity for Lestino's death and found the prior judgment of P500,000 for moral damages excessive, reducing it to P50,000. The claim for actual damages amounting to P350,345 was rejected due to lack of substantiating evidence. Furthermore, the court revised the computation of loss of earning capacity to P4,680,000 based on Lestino's projected remaining working years adjusted for the variables impacting his construction business.
Final Sen
...continue readingCase Syllabus (G.R. No. 132482-83)
Case Overview
- Eliseo Tio y Torcuato was charged with murder and violation of PD 1866 (Illegal Possession of Firearm and Ammunitions) after shooting his business associate, Albert Lestino, with an unlicensed firearm.
- The trial court convicted Tio of murder qualified by treachery and imposed a sentence of reclusion perpetua along with substantial civil damages to Lestino's heirs.
Incident Background
- On the evening of October 28, 1996, Eliseo Tio and Richard Acop were at the Baguio First Hotel for a business meeting with other contractors.
- An argument ensued between Tio and Lestino over an unpaid debt, causing Tio to leave the restaurant momentarily.
- After a brief return, Tio shot Lestino twice while he was seated and unarmed, leading to Lestino's death shortly thereafter.
Eyewitness Accounts
- Richard Acop, the principal witness, described the events leading to the shooting. He testified that Tio was agitated over Lestino's debt.
- Multiple eyewitnesses, including Gundre Eckman and Reynaldo Acop, corroborated the prosecution's account, positively identifying Tio as the shooter.
- The autopsy report confirmed Lestino suffered two gunshot wounds, with a downward trajectory indicating Tio was positioned above him when he fired.
Evidence and Ballistics
- A .45-caliber pistol, identified as the murder weapon, was unlicensed and belonged to Tio.