G.R. No. 91662 March 11, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO AGILUZ, alias “ROCK-ROCK,” accused-appellant.

FACTS

Accused-appellant Mario Aguiluz was charged with murder for the death of Ricardo Cruz. The prosecution’s evidence, primarily from eyewitness Genaro Ballan, established that on December 4, 1988, at around 8:00 PM in Barangay Daang Bago, Dinalupihan, Bataan, a passenger jeep driven by Bernabe de los Reyes, with appellant as a passenger, bumped the owner-type jeep driven by Ricardo Cruz, with Ballan as a passenger. After Cruz alighted to inspect the damage, appellant suddenly approached from behind and hit Cruz on the right side of the head above the ear with a lead pipe. Cruz fell, and appellant and his companions fled. Cruz was brought to the hospital but died from a lacerated wound and depressed skull fracture on the right parietal temporal area. The defense presented a different version, claiming Cruz died from injuries sustained when he fell from his jeep due to the impact of the collision, and that he had an alcoholic breath. The trial court found appellant guilty of murder and sentenced him to reclusion perpetua, plus damages.

ISSUE

The central issue is one of credibility: whether the prosecution’s version (intentional killing with a lead pipe) or the defense’s version (death resulting from a fall after a vehicular accident) is credible. A subsidiary legal issue is the proper classification of the crime and the presence of qualifying or aggravating circumstances.

RULING

The Supreme Court affirmed the conviction but modified the crime from murder to homicide. The Court upheld the trial court’s assessment of credibility, giving weight to the straightforward and consistent testimony of prosecution eyewitness Genaro Ballan, which was corroborated by the medical findings. The medical evidence showed a single lacerated wound on the right side of the head caused by a blunt instrument like a lead pipe, inconsistent with the defense’s claim of a fall from a jeep. The Court found the testimonies of defense witnesses, particularly Bernabe de los Reyes, to be improbable and full of inconsistencies. However, the Court found that the prosecution failed to prove the qualifying circumstance of treachery (alevosia). The attack was not shown to be deliberate and sudden from behind in a manner that deprived the victim of any chance to defend himself; rather, the evidence suggested the blow was prompted by a sudden impulse of anger or resentment following the vehicular collision. The alleged aggravating circumstance of nighttime was also not proven to have been purposely sought. Consequently, appellant is guilty only of homicide. The Court imposed an indeterminate sentence of ten (10) years of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and ordered appellant to pay a death indemnity of P50,000.00, compensatory damages of P60,615.55, moral damages of P30,000.00, and attorney’s fees of P10,000.00.