People vs Marasigan

GR 214450, August 10, 2016

Perez, J.:

Facts:

On April 15, 1999, Senior Police Officer Pelagio Saludes, with other officers, including Police
Officer Weddy Arato received information about an illegal gambling operation at Laguna; at the site, the
Officers were about to ask questions about the operation when four men armed with short and long
firearms fired upon them.

Manuel Prado Y Marasigan, who was identified in the shooting, with intent to kill, conspiring,
confederating, armed with a superior weapon, with treachery and evident premeditation, willfully and
unlawfully, with the use of his own personal weapon, attacked and assaulted Police Officers Arato,
which directly caused his death, and Saludes, inflicting serious and mortal wounds upon him; Manuel
performed all the acts of execution which could have resulted to murder, but due to causes, including
his own desistance, is the medical assistance to PO1 Saludes.

During the arraignment, Manuel pleaded not guilty, interposed the defenses denial and alibi,
that it was a mistaken identity; his sister was brought to support his claims but had no documentary
proof.

After the trial on February 7, 2012, the RTC rendered a decision charging Manuel with murder
and Attempted Murder, and imposing upon him the penalty of Reclusion Perpetua.

Upon appeal, The Court of Appeals found no reason to change or disturb the findings of the RTC
and upheld and affirmed its ruling, and denied the appeal of Manuel.

Issues:

1. Whether or not there was a case of mistaken identity in identifying the accused Manuel Prado Y
Marasigan?

Ruling:

1. No. The prosecution eyewitness SPO1 Saludes positively identified Manuel as one of the persons
responsible for firing at their team, killing PO1 Arato, gravely wounding him; and the prosecution
properly established the element of treachery as a qualifying circumstance.

Disposition:
In the court’s decision dated August 10, 2016, Affirms the decision of the Court of Appeals with
Modifications, Ordering the accused Manuel to pay the offended party for damages and civil indemnity.