GR 104400; (January, 1997) (Digest)
G.R. No. 104400. January 28, 1997.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTIAGO PADAO Y ELCAMEL alias “Sunny”, accused-appellant.
FACTS
On the evening of February 4, 1988, in Sitio Mantutugas, Barangay Sulangon, Dapitan City, Perlito Jarmin was fatally attacked. The prosecution presented Arnulfo Lacay, who testified that he heard cries for help and found the bloodied victim, who identified his assailant as “Sunny” (the accused-appellant) before collapsing. More crucially, Arnulfo’s 13-year-old son, Ronald Lacay, witnessed the incident. Ronald testified that after his father left to seek help, he saw appellant Santiago Padao arrive, throw a kerosene lamp, and then repeatedly strike the already wounded and helpless Perlito Jarmin until the victim fell silent.
The defense presented a different account, claiming the appellant was elsewhere at the time. The appellant argued that the killing did not involve treachery, as there was no evidence regarding how the attack commenced. The Regional Trial Court convicted Santiago Padao of murder qualified by treachery and sentenced him to reclusion perpetua, prompting this appeal.
ISSUE
Whether the accused-appellant is guilty beyond reasonable doubt of the crime of murder, qualified by treachery.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of witness credibility, particularly that of eyewitness Ronald Lacay, whose positive identification of the appellant was found credible and consistent. The defense of alibi could not prevail over this clear and positive testimony.
On the qualifying circumstance of treachery, the Court ruled it was sufficiently established. The evidence showed that the victim was already severely wounded, defenseless, and pleading for help when the appellant delivered the final, fatal blows. This mode of attack—directed at a weakened and incapacitated victim—was consciously adopted to ensure the killing without risk to the appellant. The post-mortem findings corroborated the viciousness of the assault. Therefore, the killing was attended by treachery, qualifying it as murder. The decision of the trial court was affirmed in toto.