SC affirms decision on double murder case

The Supreme Court Second Division recently affirmed a decision of the Court of Appeals finding an accused guilty of double murder in Cagayan province.

The Supreme Court affirmed the Feb. 27, 2006 Decision of the CA, which in turn affirmed with modification the decision of the Regional Trial Court, Branch 4, Tuguegarao City, Cagayan finding accused Amando Gannaban Jr. guilty beyond reasonable doubt of double murder.

The Nov. 20, 2007 Supreme Court Decision was penned by Associate Justice Antonio Car­pio, and concurred in by Associate Justices Leonardo Qui­sumbing, chairperson, Conchita Carpio Morales, Dante Tinga and Pres­bitero Velasco Jr.

In two separate informations dated Nov. 6, 1992, appellant Gannaban together with Alberto Bernales, who eventually died during the trial, were charged with the murder of spouses Amado and Rosita Vista.

Gannaban pleaded not guilty upon arraignment.

During the trial, the prosecution presented Arnel and Airene Vista, the victims’ minor children. The children testified that on Oct. 6, 1991 at about 7 p.m., the whole family was in their house in Damurog, Alcala in Cagayan Province when four armed men approached their parents asking for the whereabouts of the barangay captain.

The armed men forced the children’s father, Amado, to accompany them but the children’s mother, Rosita, tried to prevent the armed men from taking Amado. The armed men, sensing that Rosita recognized them, fired two shots causing her death. Amado ran towards Rosita but the armed men chased and shot him as well. The children positively identified Gannaban and Al­berto Bernales as the persons who shot their parents.

On the other hand, Gan­naban denied the charges and alleged that he was in the house of Isabelo Buelta at Gabot, Amulung, Cagayan with Eduardo Tabay and Plaridel Pagaduan shelling corn. He claimed he arrived at the house around 6 p.m. and went home after his job was done at 10 p.m.

The accused said that he was being implicated in this case because he earlier shot to death Dionisio Vista, Amado’s father, when the latter was continuously stabbing his cousin Alberto Bernales.

Defense witnesses Paga­duan and Buelta corroborated Gan­naban’s testimony and said that they were together on the night of Oct. 6, 1991 shelling corn at Buelta’s house.

However, in their joint affidavit, Buelta, Tabay, and Paga­duan declared that on the same evening, they were just conversing with the appellant at Buelta’s house, contrary to their testimonies that they were shelling corn.

The trial court gave premium to the testimonies of the victims’ minor children. Gan­naban’s alibi that he was at Buelta’s house cannot prevail over the positive identification and unwavering positive assertions of the prosecution witnesses. Besides, it was not impossible for appellant to be at the crime scene considering the proximity of Gabot, Amulung to Damurog, Alcala, the court said.

Gannaban himself testified that it would only take 15 minutes to walk from Gabot to Damurog.

On June 27, 2000, the trial court rendered its decision, finding Gannaban guilty of double murder under Article 248 of the Revised Penal Code. The trial court sentenced appellant to suffer the penalty of double reclusion perpetua, and to pay the heirs of the victims P140,000 as indemnity and P40,000 as actual damages.