G.R. No. L-36383 April 17, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOHNNY BASADRE, defendant-appellant.

FACTS

In the afternoon of August 8, 1971, Alfonso Rayray was at a soda fountain in Baguio City when a commotion erupted outside. Appellant Johnny Basadre, an escapee from the national penitentiary, suddenly approached Alfonso, who was unarmed and selecting a song on a jukebox, and stabbed him in the stomach. Alfonso exclaimed he was wounded and was subsequently hospitalized. After multiple operations and a prolonged hospitalization, he died on November 16, 1971, from hemorrhage complications. Both the victim, while still alive, and his brother, Domingo Rayray, positively identified Basadre from a set of photographs as the assailant. The defense relied on denial and alibi, claiming Basadre was in Pangasinan during the incident and avoided Baguio out of fear of capture. The trial court convicted Basadre of murder qualified by treachery, with aggravating circumstances of recidivism and quasi-recidivism, and imposed the death penalty.

ISSUE

The primary issues were: (1) the validity of the conviction based on the sufficiency of identification and the rejection of alibi; (2) the presence of treachery to qualify the killing as murder; and (3) the claim of double jeopardy.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The defense of alibi was correctly rejected as it was not physically impossible for Basadre to have been at the crime scene, given his admitted travels and status as a fugitive. His alibi was weak against the positive identification by the victim and an eyewitness. The claim of double jeopardy was without merit, as the case was merely transferred from the Court of First Instance to the Circuit Criminal Court via raffle; it was the same case, not a new prosecution. On the central issue of treachery, the Court held it was duly established. The attack was sudden and unexpected, executed face-to-face against an unarmed and unaware victim who was scanning a jukebox and had no opportunity to defend himself. This manner of attack ensured the commission of the crime without risk to the assailant. The Court cited precedent that treachery can exist in a sudden frontal attack when the victim is unprepared. However, for lack of the necessary votes, the death penalty was reduced to reclusion perpetua. The indemnity was also increased to P30,000.00.