411 Phil. 863
PANGANIBAN, J.:
"That on or about the 23rd day of December 1990, in Quezon City, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, with evident premeditation and by means of treachery, did, then and there willfully, unlawfully and feloniously and without any justifiable cause, attack, assault and employ personal violence upon the person of one ELEAZAR AQUINO, by then and there shooting [the victim] with a gun (cal. 22, Rev. SN 683541) several times, hitting him on the different parts of his body, thereby inflicting upon him serious and mortal wounds which were the direct and immediate cause of his death, to the damage and prejudice of the heirs of said victim in such amount as may be awarded under the provisions of the New Civil Code."
"WHEREFORE, in view of the foregoing facts and considerations, and the positive identification by the prosecution witnesses, this court finds the accused Edmundo Briones Aytalin guilty beyond reasonable doubt as charged in the above information of the crime of murder as defined in Article 248 of the Revised Penal Code and sentences him to suffer the penalty of reclusion perpetua and indemnify the heirs of the victim in the amount of P500,000."
"At around 4:20 o'clock in the afternoon of December 23, 1990, appellant Edmundo Aytalin shot Eleazar Aquino four times along Iba St., Brgy. San Isidro Labrador, Quezon City. After shooting the latter, appellant looked at the crowd and the prostrate victim. He then entered a house, came out with a long gun, and boarded a taxi with his wife. Aquino was rushed to the National Orthopedic Hospital, where he died the following day.
"After the incident, Captain Philmore Balmaceda brought appellant and his (appellant's) .22 caliber revolver used in the shooting, as well as four (4) empty shells and two live ammunition of the gun to the Quezon City Police.
"An autopsy (was) conducted on the body of Aquino by Dr. Emmanuel Aranas of the PNP Crime Laboratory. After examining the cadaver, Aranas found a gunshot wound on the left side of the forehead of Aquino, and recovered a deformed caliber .22 slug embedded on the left side of the brain of the deceased, which slug the doctor submitted to the Ballistics Division of the crime laboratory for examination. Aranas concluded that based on his findings, the cause of death of the victim [was] hemorrhage due to the gunshot wound in the head. The ballistics test conducted by the PNP Crime Laboratory revealed that the deformed slug recovered from the brain of the deceased was fired from the gun of the appellant."
"Upon being arraigned, accused entered a plea of `NOT GUILTY'. A trial on the merits was conducted, and after the prosecution ha(d) rested its case, accused, through counsel, and with leave of court, filed a DEMURRER TO EVIDENCE. The same was denied. The accused opted not to present evidence in his defense. Hence, a decision was rendered finding him guilty beyond reasonable doubt of the crime of MURDER, for which he was sentenced to suffer a penalty of imprisonment of `reclusion perpetua.'
"On December 23, 1990, at around 4:20 PM, the alleged victim Eleazar Aquino was shot along Iba Street, Brgy. San Isidro Labrador, Quezon City. Alleged eyewitnesses to the shooting pointed to accused as the person who shot the victim. No motive was established for the shooting. As to the cause of death, the decision assailed relied heavily on the opinion of the prosecution witness Anacleto Reyes, who testified thus: `Ang pagkakaalam ko ho ay yung pagkabaril po sa kanya ni Edmund Aytalin.' (TSN p.12, 1/15/93)"
"The Court finds that positive identification of the accused Edmundo Aytalin as the assailant of Eleazar Aquino by witnesses Antonio Ortega and Anacleto Reyes, whose credibility has not been impaired demonstrates the culpability of the accused beyond reasonable doubt.
"The cause of death of Eleazar Aquino has been sufficiently established by prosecution evidence other than the autopsy report. Oral testimony linking the death of the victim to the wound inflicted by the firearm which was wielded by the accused is sufficient. The firearm in question appears to be recovered from the accused and linked to him by the testimony of ballistics expert Reynaldo De Guzman. x x x
"Thus, it appears to this Court that on December 23, 1990, at around 4:20 o'clock in the afternoon, Eleazar Aquino was shot along Iba Street, Brgy. San Isidro Labrador, Quezon City. Being present at the scene of the incident, Antonio Ortega (TSN, October 28, 1992, p.21) [and] Anacleto Reyes (TSN, January 15, 1993, pp.8) have positively identified accused Edmundo Aytalin as the person who shot the victim. Both Anacleto Reyes (TSN, January 15, 1993, pp.3-4) and Antonio Ortega, (TSN, October 28, 1992, pp.16-20) knew the accused Edmundo Aytalin as well as the victim Eleazar Aquino before the shooting incident. Not long after the shooting, on December 24, 1990, the victim, Eleazar Aquino, died at the National Orthopedic Hospital to where he was earlier rushed. The fact of death and identity of the victim is admitted by the defense (TSN, October 28, 1992, pp.3-4). The cause of death is as prosecution witness Anacleto Reyes testified, thus: "Ang pagkakaalam ko, ho, ay yung pagkabaril po sa kanya ni Edmundo Aytalin" (TSN, January 15, 1993, p.12).
"It appears further that after the shooting incident the Quezon City Police through SPO Rosito Calabucal conducted an investigation, taking the statements of witnesses, one of which is that of Anacleto Reyes (Exh. "B-6"; TSN, November 11, 1992, p.4), and receiving the person of accused Edmundo Aytalin for detention and the recovered firearm used in the shooting incident, .22 Caliber, revolver (Ruby) with serial number 693541, together with four (4) empty shells or fired cartridges and two (2) live ammunition of .22 caliber, both from Capt. Philmore E. Balmaceda, who brought the accused together with the said items to the Quezon City Police on December 24, 1990, (Exh. "C-1", TSN, November 11, 1992, p.18). x x x. On December 25, 1990, an autopsy was conducted on the cadaver of Eleazar Aquino (Exh. "B-7", "B-7-a") by Dr. Emanuel Aranas of the PNP Crime Laboratory (TSN; December 2, 1992, pp.38-40). In the process of examining the cadaver of the victim herein the medico-legal officer found a gunshot wound on the left side of the forehead (TSN, December 2, 1992, p. 40, 42) and recovered a deformed caliber x x x 22 slug (Exh., `G-3-B"), marked in his presence "EA" (Exh. "G-3-c), embedded [i]n the left side of the brain of Eleazar Aquino (TSN, December 2, 1992, p. 46), which he forwarded to the Ballistics Division of the PNP Crime Laboratory for ballistics tests (Exh "N", TSN, December 2, 1992, p.49). Based on his findings, Dr. Aranas concluded that the cause of death of Eleazar Aquino [was] hemorrhage due to gunshot wound in the head (Exh. "B-7", "B-7-a", TSN, December 2, 1992, p.49). x x x
"The identity and the fact of death of the victim and the identity of the accused as well as the incident being within the jurisdiction of this court have been stipulated in open court, as well as the fact that the incident had been investigated by the police and a report was rendered on the matter, and that the special power of attorney of the brother to represent the wife of the victim is genuine and authentic, (Exhibit "A") including the records of the autopsy, ballistics, hospital, subject to cross-examination. The defense also admitted in open court, without prejudice to the cross examination of the ballistician, that the gun used in the killing of Eleazar Aquino was the same gun which was submitted to the ballistics expert.x x x x x x x x x
"The prosecution has proven through the testimony of its witness Antonio Ortega that he used to pass Iba Street while collecting bets for the horse races, and that he often [saw] the accused there, and that on the time and date in question he saw accused and that he knew the face of the accused because he often [saw] him there, and that he saw the accused shoot the victim four times, and that he was at that time only seven meters away from the place of the shooting. He moved back after the shooting, but still looked on and he saw the accused go up the house and go down later with a long gun and that the accused rode in a taxi with a woman. x x x.x x x x x x x x x
"The court finds the basic testimonies of the above prosecution witnesses as credible and unassailed, and therefore the court takes them as facts, namely that the victim, Eleazar Aquino died of the bullet wound inflicted in his head by the accused Edmundo Briones Aytalin, who wielded the fatal gun, (Exhibit "J") and that the bullet recovered from the head of the victim was indeed fired from said gun. The accused did not present evidence in his defense after all the years, since the prosecution rested its case. The Court further finds nothing in the testimonies of prosecution witnesses that is not factually based and in accordance with common human experience, thus convincing this court of the guilt of the accused beyond reasonable doubt."[6]
"Whether or not the accused is guilty of the crime charged beyond reasonable doubt"[7]
Q "Mr. Witness, do you still remember where you were on December 23, 1990 at around 4:30 in the afternoon? A Yes, Sir. Q Kindly tell the Honorable Court where were you on that date and time cited? A I was on Iba Street, Quezon City, Sir. Q And while you were at Iba Street, Quezon City, did you see or witness an unusual incident? A There was, Sir. Q Kindly tell this Honorable Court what that incident was[.] A I saw a person who was shot, Sir. x x x x x x x x x Q Why were you on Iba Street on that date and time you just mentioned? A Because that is the street I pass by when I am collecting bets for `Karera.' Q Mr. Witness, do you know the accused in this case? A I do not know him but I can recognize his face, Sir. Q Under what circumstances were you able to recognize the face of the accused in this case? A Because I usually [saw] him on that street when I passed there, Sir. Q Now, if he is in this courtroom, will you be able to point him to this Honorable Court? A Yes, Sir; he's there. (Witness is pointing to a man wearing a gray shirt who answers by the name of Edmundo Aytalin, when he was asked to identify himself) x x x x x x x x x Q Mr. Witness, do you know the victim, Eleazar Aquino, in this case? A I know him, Sir. Q Under what circumstance or circumstances did you know this Eleazar Aquino? A I met him when I went to the place of my friend, Conrado Aquino, Sir. Q Who is this Conrado Aquino Mr. Witness? A He is the brother of the person who was killed, Sir? Q And when you said, the person who was killed, you were referring to Eleazar Aquino? A Yes, Sir, he is the person who died. x x x x x x x x x Q Now, you said you know about his being shot, do you know who shot him? A I know it, Sir. Q Have you seen his face? A Yes, Sir. Q How were you able to know the person who shot him, Mr. Witness? A I saw it, Sir. Q When you said you saw it, when did this incident happen Mr. Witness? A It was on December 23, 1990 between 4:30 [and] 5:00 in the afternoon[;] it was Sunday, Sir."[17] "Q Now, Mr. Witness, you stated that you saw the shooting on December 23, 1990 at around 4:00 to 5:00 in the afternoon[;] do you remember particularly where that shooting that you saw occurred? A After Laong Laan going towards Maria Clara, Sir, in the middle of Iba Street. Q And, how many shots were fired, Mr. Witness, if you know? A Four, Sir. Q How far were you from the shooting that you saw? A It is as [far] as the place where the person in stripes t-shirt is seated, Sir. (Witness is standing and pointing to a distance of seven (7) meters, more or less.) Q And, what did you do after the shooting? A After that, I moved back, Sir. Q And, after moving back, what did you do? A I still looked after the incident, and I even saw the man who [fired] go up the house and go down with a long gun and r[i]de a taxi with a woman."[18]
"Q Now, in your visit on 23rd December 1990 at around 4:20 in the afternoon of said date, do you remember of any unusual incident which happened? A There was, Sir. Q Would you kindly tell this Honorable Court what was that unusual incident, Mr. Witness? A There was a shooting incident, Sir. Q Would you know who were involved in this shooting incident, Mr. Witness? A Yes, Sir. Q Would you kindly tell this Honorable Court who were involved Mr. Witness? A Edmundo Aytalin and Eleazar Aquino, Sir. Q How did this happen, Mr. Witness? A We were inside the house of Job Madayag, Sir, and [felt] like urinating, I went outside near the gate of Job Madayag, I heard two [gunshots] and then when I turned my back, I saw Edmundo Aytalin still shooting Eleazar Aquino while Eleazar Aquino was already lying down. (Witness demonstrating as if he [were] holding something with his right hand and pointing forward) x x x x x x x x x Q You mentioned that when you turned your back to where you heard the gunshots you still saw Edmundo Aytalin as you demonstrated holding a gun and pointing to Eleazar Aquino and you mentioned that Edmundo Aytalin [was] still and I quote: `Binabaril pa si Eleazar Aquino.' Now, how many shots did you hear when you [saw] this situation between the two involved parties? A Four shots, Sir. Q When you say four shots, [do they] include the first two shots? A I heard two gunshots first and when I turned my back, I heard again two gunshots and the man was pointing to Eleazar Aquino who was already lying on the ground. Q What happened next after you saw Edmundo Aytalin shooting Eleazar Aquino who was lying on the ground for two times? x x x x x x x x x COURT: Witness may answer. A I saw him [look] at the crowd and [look] at the dead form, then I saw him [enter] the house, and then he came out with a long gun and boarded a taxi with his wife; they went away. Q What did you do after that? A We picked up Eleazar Aquino and then we saw a taxi, then we brought him to the hospital."[19]