G.R. No. 104578 September 6, 1993
People of the Philippines, plaintiff-appellee, vs. Jose Adriano y Vargas, accused-appellant.

FACTS

Accused-appellant Jose Adriano y Vargas was charged with Murder for stabbing Eduardo de Veyra on March 19, 1989, in Manila. The prosecution’s main witness was the victim’s 11-year-old stepson, Alexander Reyes, who testified that he saw his stepfather conversing with the accused-appellant, and later saw the victim sprawled on the ground with the accused-appellant standing nearby holding what he described as an electrician’s knife. The victim died from two stab wounds. The accused-appellant denied the charge, testifying that he merely heard shouting, went outside, and saw the victim already on the ground. He admitted having a prior quarrel with the victim’s wife over her refusal to vacate a lot he claimed was his. The Regional Trial Court convicted the accused-appellant of Murder and sentenced him to life imprisonment. On appeal, the accused-appellant assailed the credibility of the child witness, pointing out inconsistencies in his testimony.

ISSUE

Whether the trial court erred in convicting the accused-appellant based on the testimony of the prosecution witness, and whether the crime committed was Murder or Homicide.

RULING

The Supreme Court affirmed the conviction but modified the crime from Murder to Homicide. The Court found the circumstantial evidence—consisting of the prior quarrel, the conversation immediately before the incident, the witness seeing the accused-appellant standing near the sprawled victim holding a knife, and the absence of any other person near the victim—formed an unbroken chain leading to the reasonable conclusion that the accused-appellant was the perpetrator. The minor inconsistencies in the child witness’s testimony did not discredit his overall credibility. However, the qualifying circumstances of treachery and evident premeditation were not proven by clear and convincing evidence. Treachery was not established as the witness did not see the actual stabbing, and a stab wound in the back alone does not necessarily constitute treachery. Evident premeditation was likewise not established. Thus, the crime committed is Homicide under Article 249 of the Revised Penal Code. The penalty was modified to an indeterminate sentence of 8 years and 1 day of prision mayor medium, as minimum, to 14 years, 8 months and 1 day of reclusion temporal medium, as maximum. The indemnity to the victim’s heirs was increased to P50,000.00. The Court also took the opportunity to remind trial judges to use the correct penalty terms, distinguishing reclusion perpetua under the Revised Penal Code from life imprisonment under special laws.