G.R. No. 103287 -88 March 14, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RONILO MACHETE alias “Pawe” and RENE O. MACHETE alias “Eboy” (at large), accused. RONILO MACHETE alias “Pawe”, accused-appellant.

FACTS

Accused-appellant Ronilo Machete and his cousin Rene O. Machete (at large) were charged in three separate informations for crimes arising from a single incident on January 20, 1987. In Criminal Case No. N-1468, they were charged with murder for the fatal shooting of Pat. Panfilo Mendoza, a police officer on security duty at a public dance. In Criminal Case No. N-1469, they were charged with attempted murder for wounding Juanito Narrido. In Criminal Case No. N-1470, they were charged with attempted murder for wounding Elmeo Sabah. Only Ronilo Machete was tried, as Rene Machete evaded arrest. Ronilo pleaded not guilty. After a joint trial, the Regional Trial Court convicted Ronilo Machete of murder in Criminal Case No. N-1468 and serious physical injuries in Criminal Case No. N-1469, and acquitted him in Criminal Case No. N-1470. He was sentenced to reclusion perpetua for murder and an indeterminate penalty for serious physical injuries. Ronilo Machete appealed, contesting the credibility of prosecution witnesses and the presence of treachery to qualify the killing as murder.
The prosecution evidence, primarily from Pat. Leonilo Maranga and Juanito Narrido, established that while Pat. Maranga and Pat. Mendoza were stationed at a store near the dance area, Ronilo Machete suddenly grabbed Mendoza’s armalite rifle from behind and pointed it at Maranga, while Rene Machete took Maranga’s rifle. As the Machetes moved away, Pat. Mendoza followed to retrieve his rifle. Ronilo Machete then fired at Mendoza, hitting him with multiple gunshots. Ronilo also fired at the crowd, wounding Juanito Narrido. The medical certificate showed Pat. Mendoza sustained six gunshot wounds, two inflicted while he was lying down. The defense version, presented by Ronilo Machete and corroborated by two witnesses, claimed it was Rene Machete who shot Pat. Mendoza after a prior altercation, and that Ronilo merely obeyed Rene’s order to pick up Maranga’s rifle before they fled. Ronilo admitted he went into hiding in Zamboanga del Sur and was arrested more than four years later.

ISSUE

1. Whether the trial court erred in finding accused-appellant guilty beyond reasonable doubt based on the credibility of witnesses.
2. Whether the qualifying circumstance of treachery was present to convict accused-appellant of murder.

RULING

1. The Supreme Court affirmed the trial court’s findings on credibility. The rule that the trial court’s evaluation of witness credibility is accorded great respect was applied. The prosecution witnesses positively identified Ronilo Machete as the shooter, and no evil motive was shown for them to testify falsely. Appellant’s flight and hiding for over four years were considered indicative of guilt.
2. The Supreme Court modified the trial court’s ruling on treachery. It agreed with the appellant and the Solicitor General that treachery was not sufficiently proven. The attack was not deliberately adopted to ensure the execution without risk to the attacker. The shooting occurred when Pat. Mendoza followed the assailants to retrieve his rifle, implying the victim had an inkling of danger. Thus, the crime committed was homicide, not murder.
The dispositive portion of the trial court’s decision in Criminal Case No. N-1468 was MODIFIED. Appellant Ronilo Machete was found guilty of homicide under Article 249 of the Revised Penal Code and sentenced to an indeterminate penalty of ten (10) years of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum. The decision in Criminal Case No. N-1469 (serious physical injuries) was AFFIRMED, as was the acquittal in Criminal Case No. N-1470.