PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ISMAEL DIAZ @ MAENG AND RODOLFO DIAZ @ NANDING, ACCUSED-APPELLANTS.

People versus Diaz

The Case

This is a criminal appeal by Ismael Diaz and Rodolfo Diaz, known in their community as Maeng and Nanding, against their conviction for two counts of murder — the killing of Councilor Elmer Quinto and of Senior Police Officer One Richard Dalioan on the same night, during a barangay victory ball in Dagupan City. The case matters to a reviewee because it shows how the Supreme Court treats eyewitness testimony, conspiracy, and the qualifying circumstance of treachery when two victims fall in a single, almost simultaneous shooting — and how the Court weighs flight, motive, and alibi against positive identification.

Procedural History

The two informations were filed before the Regional Trial Court of Dagupan City, Branch 42, and the cases were tried jointly. On 18 April 2001, the trial court rendered a Joint Decision finding both accused guilty beyond reasonable doubt of two counts of murder committed in conspiracy, sentencing each to reclusion perpetua in each case, and ordering them to pay civil indemnity, lost earnings, temperate damages, and moral damages to the heirs of both victims. The accused filed a notice of appeal. Following the ruling in People versus Mateo, the case was transferred to the Court of Appeals, which on 5 June 2008 affirmed the trial court's decision in full. The accused again appealed, and the Court of Appeals elevated the records to the Supreme Court, which accepted the appeal and required supplemental briefs. The parties opted not to file supplemental briefs, having fully argued their positions in their briefs.

Facts

On the evening of 14 April 1998, a victory ball was held in Sitio Nibaliw, Lucao District, Dagupan City, as part of the barangay fiesta. Trophies were awarded to winners of ball games, and politicians delivered campaign speeches for the coming May elections. Councilor Elmer Quinto sat at the left portion of the stage between two other councilors. His security escort, Senior Police Officer One Richard Dalioan, sat on a bench at the left side behind the stage. Behind Dalioan on the right sat Rodolfo Diaz, while Ismael Diaz was at the left side at the back of the stage. Firecrackers were exploded during the program.

The program lasted until dawn of 15 April 1998. At around three in the morning, people were invited to dance. While the dancing was going on and firecrackers were exploding, Ismael Diaz suddenly shot Councilor Quinto from behind with a .45 caliber pistol. Seeing this, Dalioan drew his gun and was about to fire, but Rodolfo Diaz fired his M16 armalite rifle, hitting Dalioan on different parts of his body. Both accused then fled toward Sitio Tococ. Councilor Quinto died on the spot; Dalioan died an hour later at the hospital.

Autopsies showed that Councilor Quinto suffered a fatal gunshot wound above the left ear, with gunpowder tattooing, and died of hypovolemic shock; Dalioan sustained multiple gunshot wounds and died of hypovolemic shock due to multiple gunshot wounds. Police recovered five empty shells of a .45 caliber pistol about three and one-half meters from Councilor Quinto's body, and fifteen empty shells of an armalite rifle beside a house six meters from the back of the stage. The accused were arrested in June 2000 in Villasis, Pangasinan, after warrants had earlier been returned unserved. They denied the killings, claimed they were merely present as softball players, and said they hid because armed men were looking for them.

Issues

• Whether or not the trial court gravely erred in convicting the accused when their guilt was not proven beyond reasonable doubt.
• Whether or not the trial court gravely erred in giving weight and credence to the testimony of the prosecution's eyewitnesses.
• Whether or not the trial court gravely erred in ruling that conspiracy and treachery attended the commission of the crime.

Applicable Provisions

Article 248 of the Revised Penal Code, as the crime charged and as the trial court applied it, provides:

Article 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.

This is the provision under which the accused were convicted, and the qualifying circumstance of treachery is the very point the third assigned error contests.

Ruling

On the first issue, the Court held that the conviction was justified. After meticulously going over the testimonies of the two eyewitnesses, Ernesto Decano and Arnel Quinto, the Court was convinced that Ismael Diaz shot Councilor Quinto while Rodolfo Diaz shot Dalioan. The Court rejected the argument that the eyewitnesses could not have seen the shooting because of the music, the firecrackers, and their taking cover. Positive identification by witnesses who had no improper motive to testify falsely prevails over the bare denials of the accused.

On the second issue, the Court gave full weight and credence to the prosecution eyewitnesses. Arnel Quinto, the councilor's driver, clearly pointed to the appellants as the assailants, and Ernesto Decano likewise testified that he saw Ismael Diaz at the back of the stage holding a pistol and saw Rodolfo Diaz shoot Dalioan with an armalite rifle. The Court also noted the corroborating physical evidence — the empty shells of both firearms recovered at the scene — and the accused's flight, which the trial court considered in arriving at its decision.

On the third issue, the Court upheld the findings of conspiracy and treachery. The almost simultaneous shooting of the two victims was enough proof that the appellants conspired with each other, each performing his part in the common design. The attack on Councilor Quinto, shot from behind without warning, and on Dalioan, gunned down as he was about to draw his weapon, was attended by treachery, which qualifies the killing as murder under Article 248.

Doctrine

First, positive identification by eyewitnesses who have no improper motive to testify falsely prevails over the accused's denial; the defense of denial, if uncorroborated and unsubstantiated, cannot overcome credible eyewitness testimony. Second, flight is evidence of guilt and may be considered together with the other circumstances in arriving at a conviction. Third, conspiracy exists where two or more persons act with a common design, and the almost simultaneous shooting of two victims by two assailants sufficiently establishes that they acted in concert. Fourth, treachery qualifies a killing as murder under Article 248 of the Revised Penal Code when the offender employs means, methods, or forms in the execution of the crime which tend directly and specially to insure its execution without risk to himself arising from the defense which the victim might make — as where the victim is shot from behind without warning.

Disposition

The Supreme Court affirmed the decision of the Court of Appeals in full, upholding the conviction of Ismael Diaz and Rodolfo Diaz for two counts of murder and the penalties and damages imposed.

Remember This

The single line worth memorizing: positive identification by credible eyewitnesses, corroborated by physical evidence and flight, prevails over denial, and the near-simultaneous shooting of two victims establishes conspiracy and treachery. Examiners like to use this case on the weight of eyewitness testimony despite distractions at the scene, and on how conspiracy and treachery are established from the concerted acts of the accused.