In People v. Dando, the Supreme Court affirmed the conviction of Apolinar Dando for murder, emphasizing the importance of witness credibility and the presence of treachery in the commission of the crime. The Court underscored that minor inconsistencies in witness testimonies do not necessarily discredit their accounts, especially when the core testimony remains consistent. This case highlights the principle that when an attack is sudden and unexpected, affording the victim no chance to defend themselves, it constitutes treachery, a circumstance that qualifies the killing as murder.

Unmasking Deceit: How a Handkerchief Led to a Murder Conviction

The case revolves around the fatal shooting of Cesar Castro in Siniloan, Laguna, on November 20, 1991. Apolinar Dando, a police officer, was identified as the perpetrator by an eyewitness, Aldwin Gemanel. Gemanel testified that he saw Dando covering his face with a handkerchief before shooting Castro, who was standing in front of his house. The prosecution presented additional evidence, including ballistic reports linking the slugs recovered from the crime scene to Dando’s service firearm.

Dando, however, pleaded alibi, claiming he was at a birthday party earlier that day and then went home to sleep. His wife corroborated his alibi, stating that he was home at the time of the shooting. The trial court found Dando guilty of murder, qualified by treachery and aggravated by evident premeditation and the use of disguise. Dando appealed, questioning the credibility of the eyewitness and the reliability of the ballistic evidence.

The Supreme Court scrutinized the inconsistencies raised by Dando regarding Gemanel’s testimony. These included discrepancies about whether Dando or another person fired a gun at the birthday party, and conflicting statements about Dando’s actions before the shooting. The Court, however, dismissed these as minor details that did not undermine the overall credibility of Gemanel’s account. It emphasized that minor inconsistencies often strengthen a witness’s credibility by showing their testimony was not rehearsed.

Well-settled is the rule that “inconsistencies on minor and trivial matters only serve to strengthen rather than weaken the credibility of witnesses for they erase the suspicion of rehearsed testimony.”

The Court placed significant emphasis on the fact that Gemanel’s core testimony – that he saw Dando shoot Castro – remained consistent throughout the trial. This consistency, coupled with the corroborating testimony of another witness, Susana Masacupan, convinced the Court of Dando’s guilt. Furthermore, the Court noted that Gemanel, a young witness at the time, was likely to provide more accurate and truthful testimony.

Dando’s defense of alibi was also rejected by the Court. The Court reiterated that alibi is a weak defense, especially when the accused’s identity is positively established. To successfully use alibi, the accused must prove that it was physically impossible for them to be at the crime scene. Dando failed to do so, as his residence was relatively close to the location of the shooting.

The Court then addressed Dando’s claim that the ballistic evidence was tainted. Dando alleged that the slugs and shells recovered from the scene were tampered with by the victim’s relatives, making them unreliable. However, the Court found no evidence to support this claim, and the ballistic examination report was presumed to be regular. The Court also clarified that the presentation of weapons or ballistic evidence is not always necessary for a conviction, especially when there is strong eyewitness testimony and proof of corpus delicti.

Central to the Court’s decision was the finding that the killing was qualified by treachery. Treachery exists when the offender employs means, methods, or forms in the execution of the crime that ensure its commission without risk to themselves arising from the defense the offended party might make. In this case, Dando, with his face covered, approached Castro and shot him without warning, giving Castro no chance to defend himself.

The essence of treachery is that the attack comes without a warning and in a swift, deliberate and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape.

The trial court also found evident premeditation and the use of disguise as aggravating circumstances. The Supreme Court concurred, noting that Dando had waited for Castro for hours before executing his plan. Based on these circumstances, the Court upheld the trial court’s decision to sentence Dando to reclusion perpetua.

Finally, the Court addressed the issue of damages awarded to the victim’s heirs. While upholding the award for death indemnity, the Court adjusted the amount for loss of earning capacity to reflect the established formula. The Court also increased the reimbursement for funeral expenses to match the proven amount.

In conclusion, People v. Dando illustrates the critical role of witness credibility and the legal implications of treachery in murder cases. The decision reinforces the principle that consistent eyewitness testimony, even with minor inconsistencies, can be sufficient for conviction, especially when coupled with other evidence. Furthermore, the case underscores the importance of proving alibi and the impact of qualifying and aggravating circumstances on the penalty imposed.

FAQs

What was the key issue in this case?	The key issue was whether Apolinar Dando was guilty beyond reasonable doubt of murder, considering the eyewitness testimony, ballistic evidence, and his defense of alibi. The Court also examined whether treachery attended the killing.
What is the legal definition of treachery?	Treachery is the employment of means, methods, or forms in the execution of a crime that ensure its commission without risk to the offender from the defense the offended party might make. The attack must be sudden and unexpected.
Why was the eyewitness testimony considered credible despite inconsistencies?	The Court found that the inconsistencies in the eyewitness’s testimony were minor and did not detract from the core of his account, which consistently identified Dando as the shooter. Minor inconsistencies can even strengthen credibility by suggesting the testimony wasn’t rehearsed.
What is the significance of alibi in criminal defense?	Alibi is a weak defense unless the accused can demonstrate that it was physically impossible for them to be at the crime scene when the crime was committed. The accused must provide clear and convincing evidence of their whereabouts at the time.
What is reclusion perpetua?	Reclusion perpetua is a penalty under Philippine law, meaning imprisonment for life. It is imposed for serious crimes, such as murder, when certain qualifying circumstances are present.
How is loss of earning capacity calculated in wrongful death cases?	Loss of earning capacity is calculated based on the victim’s life expectancy, gross annual income, and necessary living expenses. The formula involves subtracting living expenses from gross annual income and multiplying the result by the life expectancy.
What is the importance of ballistic evidence in a murder case?	Ballistic evidence can link a specific firearm to the crime, but it is not always essential for conviction. Eyewitness testimony and proof of corpus delicti can be sufficient, even without ballistic evidence.
What was the Court’s ruling on the damages awarded to the victim’s heirs?	The Court upheld the award of death indemnity but adjusted the amount for loss of earning capacity based on the established formula. It also increased the reimbursement for funeral expenses to match the proven amount.

This case serves as a reminder of the weight given to consistent eyewitness testimony and the importance of proving elements like treachery in establishing guilt for murder. The Court’s decision also highlights the challenges in using alibi as a defense and the process for calculating damages in wrongful death cases.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Dando, G.R. No. 120646, February 14, 2000