ABUBACAR, JALIA I.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, G.R. No. 191060

vs.
TOMAS DIMACUHA, JR., EDGARALLEN ALVAREZ, ROD EL CABALLERO, LUIS
EVANGELISTA, RICKY BARRIAO, LITO GUALTER, TESS GUALTER, BOGS
EVANGELISTA, alias THEO, alias NONONG, alias JOHNY and JOHN DOES, Accused,
EDGAR ALLEN ALVAREZ and RODEL CABALLERO, Accused-Appellants.

Case Doctrine: The case clarifies that a murder conviction does not necessary require presenting the
murder weapon, bullet slugs or having witness testimonies aligned with the sworn statements. The
nonrepresentation of such items and testimonies is not indispensable to the successful prosecution of the
appellants since they are not elements of the crime of murder. As consistently ruled by the court, denial
and alibi are disfavored without clear and convincing evidence.

Applicable Laws: The crime of murder is punished by Reclusion Perpetua to death under the Revised
Penal Code, here, Article 63 outlines the potential punishment considering treachery (a qualifying
circumstance) and evident premeditation (an aggravating circumstance) in the crime. However, R.A. 9346
abolishes death penalty, so the maximum sentence becomes Reclusion Perpetua or life imprisonment not
eligible for parole. Additionally, the established legal principles determine the compensation awarded to
the victim’s family for civil indemnity, moral damages and exemplary damages.

Facts: Appellants Alvarez and Caballero, were charged with the crime of murder for the fatal shooting of
Agon. After trial, Regional Trial Court (RTC) rendered a Decision finding the appellants guilty beyond
reasonable doubt of the crime charged with the qualifying and/or aggravating circumstance of treachery
and evident premeditation and both accused are hereby sentenced to suffer the penalty of Reclusion
Perpetua (life imprisonment) and ordered to pay the heirs of Agon. Aggrieved, appellants appealed to the
Court of Appeals insist that the evidence was insufficient to warrant their conviction. Grounds for appeal
were; (1) The witnesses did not testify on the material allegations, (2) No proof that Agon mentioned in
the complaint is the same person on the death certificate, (3) Murder weapon and bullet slugs were not
presented in court, (4) No testimony proffered on the caliber of the gun used in shooting Agon and lastly,
appellants maintain that they were denied due process.

Issue: Whether or not there is a treachery and evident premeditation.

Ruling: The Supreme Court ruled that the appellants, Alvarez and Caballero, were found guilty
beyond reasonable doubt of the crime of murder with the qualifying and/or aggravating
circumstance of treachery and evident premeditation. The testimony of a witness from the "Black
Shark" group and other evidence confirmed the identity of the victim and the involvement of the
appellants in the murder. Moreover, the court determined that evident premeditation was present based on
testimony indicating that the plan to kill the victim was devised a day before the shooting. The accused
were sentenced to suffer the penalty of Reclusion Perpetua (life imprisonment) and were ordered
to pay the heirs of the victim. The Court upheld the lower courts' decisions based on the evidence
presented, including witness testimonies and identification by a former group member, which
established the guilt of the appellants. The absence of the murder weapon, bullet slugs, and
specific details on the caliber of the gun used did not hinder the conviction as these were not
indispensable elements for proving the crime of murder.