G.R. No.

79123-25 January 9, 1989

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

EMELIANO TRINIDAD, accused-appellant.

Facts:

The deceased victim Lolito Soriano was a fish dealer based in Davao City. He was with Tan, a driver, and
another deceased victim Marcial Laroa.

(A) Using a Ford, they arrived at Butuan City to sell fish. Soriano drove the car to Bueanavista
together with two others, Laroa being one of them.
(B) Tan was left behind in Butuan city and followed Soriano and Laroa later in the morning.
(C) The Accused, Emeliano Trinidad, a member of the police force and in uniform with two firearms,
a carbine and a .38 caliber revolver, asked for a ride with Soriano, Laroa, Tan and Trinidad.
(D) While driving, Trinidad advised Tan who was driving, to slow down as the place they were
driving through was dangerous.
(E) All of a sudden, Tan heard two gunshots, Soriano and Laroa slumped dead. Tan got off the car
and hid himself in the bushes.
(F) After 20-30 minutes a passenger jeep passed by and Tan rode it. Trinidad was sitting at the back
and ordered Tan to approach him, but Tan ran around the jeep and clung to it’s side as it was
driving away.
(G) Two shots were fired by Trinidad, in which Tan was hit by the one of them in his thigh, he then
jumped from the first jeep to another, but was told to get out. Pushed out, Tan crawled until a
member of the P.C. found him and helped him board a bus for Butuan City.

The accused contends the accusations and the case against him.

Issue:
Whether or not the Trial court erred in sentencing the accused for the crime committed.

Ruling:

The alibi of the accused was proven to be inconsistent with the victim’s, in addition to an eye witness
testimony from another fish vendor confirming with their testimony seeing the accused riding with the
victims.

Through the evidence and alibis presented, the court found the accused guilty beyond reasonable
doubt. However, while the two crimes of murder are shown through the circumstances, the penalty will
have to be modified, as capital punishment has been abolished in the 1987 consitution, changing the
penalty for murder to reclusion temporal in its maximum period to reclusion perpetua.

Another note is that the contention of the defense is correct in their accusation of frustrated murder. As
the commission of the felony was fully executed, the wound inflicted on the victim was not fatal due to
outsude causes and reasons. As such, the wound inflicted was not sufficient to cause his death, changing
the conviction from Frustrated Murder to Attempted Murder.
The Accused is guilty for two counts of murder and attempted murder. And will be sentenced to suffer:

For Murder:

the indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to eighteen
(18) years, eight (8) months and one (1) day of reclusion temporal, as maximum; to indemnify the heirs
of Marcial Laroa and Lolito Soriano, respectively, in the amount of P30,000.00 each; and to pay the
costs.

For Attempted Murder:

sentenced to an indeterminate penalty of six (6) months and one (1) day of prision correccional, as
minimum, to six (6) years and one (1) day of prision mayor, as maximum; to indemnify Ricardo Tan in
the sum of P5,000,00; and to pay the costs.