GR 149811; (June, 2004) (Digest)
G.R. No. 149811; June 8, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. RODOLFO TUVERA y NERI, appellant
FACTS
The appellant, Rodolfo Tuvera, was convicted of murder by the Regional Trial Court for shooting Orlando Tabafunda. The prosecution’s evidence established that on March 1, 1995, the appellant was drinking with a group that included the victim. After the victim refused a drink, the appellant left and returned armed. When the victim walked a short distance to urinate, the appellant followed and shot him from behind, causing fatal gunshot wounds to his back. Prosecution eyewitnesses testified to these events. The defense presented a different version, claiming the victim initially poked a gun at the appellant, a struggle ensued, and the gun accidentally fired as the victim turned away.
ISSUE
The core issues were whether the prosecution proved the appellant’s guilt beyond reasonable doubt and whether the killing was qualified by treachery to constitute murder.
RULING
The Supreme Court affirmed the conviction for murder but modified the penalty. The Court found the prosecution’s version credible and rejected the appellant’s claim of accidental shooting. The location and number of wounds—multiple clustered gunshot wounds on the victim’s upper back—contradicted a single accidental discharge during a struggle and instead indicated a deliberate attack from behind. This manner of attack, where the victim was unarmed and urinating with his back turned, ensured the execution of the crime without risk to the assailant. These circumstances constituted alevosia (treachery), qualifying the killing to murder.
However, the Court reduced the penalty from “reclusion perpetua to death” to reclusion perpetua alone. The trial court erroneously considered the use of an unlicensed firearm as an aggravating circumstance. Under prevailing law, such use must be specifically alleged in the information and proven during trial. Since the information did not allege the firearm was unlicensed and the prosecution did not prove this fact, it could not be used to justify the imposition of the death penalty. The proper penalty for murder absent other aggravating circumstances is reclusion perpetua. The Court also awarded temperate damages of ₱25,000.00 to the victim’s heirs in addition to the civil indemnity.