G.R. No. 110873 . September 23, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO FRANCISCO alias “YOLING” and ESTELITO FRANCISCO alias “BOBOY”, accused, LEONARDO FRANCISCO, accused-appellant.

FACTS

Accused-appellant Leonardo Francisco, together with Estelito Francisco and Alex Dacutara, were charged with Murder for the killing of Ricardo Mendoza on June 4, 1986, in Pastrana, Leyte. The information alleged conspiracy, treachery, evident premeditation, and abuse of superior strength. Alex Dacutara died during trial, and the case against him was dismissed. Upon arraignment, all accused pleaded not guilty. The prosecution’s primary witness was Veronica Mendoza, the victim’s wife, who testified that she personally witnessed the killing. She stated that while walking home with her husband and children, Leonardo, Estelito, and Alex suddenly appeared behind Ricardo. Leonardo and Alex were armed with bolos, and Estelito had a bamboo stick. Leonardo delivered the first blow to Ricardo’s back, Estelito hit the back of his head with the bamboo, and Alex hacked his back. Ricardo fell face down and died. Veronica rushed her children home and sought help. Police responded and she reported the assailants. The post-mortem report indicated the cause of death was shock secondary to a blow over the head, with wounds consistent with attack by sharp and blunt instruments from behind by multiple assailants. A possible motive was a prior dispute between Leonardo and the Mendozas over rat poison, which had been settled before the barangay captain. Leonardo presented an alibi, claiming he was at his house the entire day due to a barangay fiesta, with guests until 5:00 PM, and only learned of the killing the next day. Estelito admitted to killing Ricardo but invoked self-defense and defense of a stranger, claiming Ricardo attacked Alex first. The Regional Trial Court found Leonardo and Estelito guilty of Murder qualified by treachery, sentencing Leonardo to an indeterminate penalty and Estelito to a lower penalty due to the mitigating circumstance of surrender. Only Leonardo appealed to the Court of Appeals, which affirmed his conviction but increased the penalty to reclusion perpetua and the civil indemnity to P50,000.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant Leonardo Francisco for Murder based on the testimony of the victim’s wife, and in finding the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the decision of the Court of Appeals. The testimony of Veronica Mendoza, the eyewitness, was found credible and sufficient to establish Leonardo’s guilt beyond reasonable doubt. Her positive identification prevailed over Leonardo’s alibi, especially since the crime scene was only about 400 meters from his house and could be reached in minutes, rendering his alibi weak. The Court upheld the finding of treachery (alevosia), as the attack was sudden and from behind, ensuring the victim had no opportunity to defend himself. The Court also ruled that the relationship of the witness to the victim does not automatically impair credibility, and her testimony was consistent and corroborated by physical evidence. The penalty of reclusion perpetua and the award of P50,000 as civil indemnity were affirmed.