G.R. No. 177825 October 24, 2008
People of the Philippines, plaintiff-appellee, vs. Rene Rosas, accused-appellant.

FACTS

Accused-appellant Rene Rosas was charged with Murder for the killing of Nestor Estacio on September 15, 1995, in Kabacan, Cotabato. The Information alleged the attack was committed with treachery. During trial, prosecution witness Antonio Palomar Bataga, Jr. testified he saw Rosas, whom he knew from gambling activities, shoot the victim at close range while the victim was on his motorcycle, blocked by a bus. After the victim fell, more gunshots were heard. Wilfredo Bataga testified he heard gunshots, proceeded to the scene, saw Rosas armed and about to run, and saw the victim’s body being carried away. Dr. Crisostomo Necessario’s post-mortem examination showed the victim died from hypovolemic shock due to multiple gunshot wounds. The defense relied on denial and alibi, with Rosas claiming he was at his boarding house and his girlfriend, Karen Nayona, corroborating his presence elsewhere. The Regional Trial Court convicted Rosas of Murder, sentencing him to reclusion perpetua and ordering him to pay damages. The Court of Appeals affirmed the conviction but modified the damages. The case was elevated to the Supreme Court.

ISSUE

1. Whether the guilt of the accused-appellant was proven beyond reasonable doubt.
2. Whether the qualifying circumstance of treachery was properly alleged in the Information pursuant to Section 8, Rule 110 of the Revised Rules on Criminal Procedure.

RULING

The Supreme Court affirmed the decision of the Court of Appeals, upholding the conviction.
1. On Proof Beyond Reasonable Doubt: The Court found the prosecution evidence sufficient. The alleged inconsistency between the testimonies of Wilfredo Bataga (who said Rosas was about to run) and Antonio Palomar Bataga, Jr. (who said Rosas jumped on a motorcycle to escape) pertained only to a minor detail—the mode of escape—and did not undermine their positive and categorical identification of Rosas as the shooter. The Court held that varying details in witness testimonies are natural and do not indicate fabrication. The defense of denial and alibi could not prevail over the positive identification by credible witnesses.
2. On the Allegation of Treachery: The Court ruled that the Information sufficiently alleged treachery. It stated the accused, armed with a gun, with intent to kill, willfully, unlawfully, feloniously, and with treachery, attacked, assaulted, and shot the victim. This complied with the rules, as it specified the qualifying circumstance. The essence of treachery—the deliberate adoption of means to ensure the execution without risk to the assailant—was established by the evidence that the victim was shot from behind at close range while unable to flee, as his motorcycle was blocked by a bus. The penalty of reclusion perpetua was affirmed. The awards for civil liability were modified in line with prevailing jurisprudence, but the specific modifications are detailed in the full decision.