GR 108179; (September, 1996) (Digest)
G.R. No. 108179 September 6, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANOLITO MALAZARTE alias Nolly, defendant-appellant.
FACTS
Appellant Manolito Malazarte was charged with murder for the shooting death of Jimmy Balanzar on April 14, 1990, at a basketball court in Cebu City. The prosecution’s eyewitness, Aileen Balanzar, the victim’s wife, testified that she and her husband were watching a game when the appellant, who appeared to be under the influence, positioned himself beside her and, without warning, shot her husband in the head from behind. The victim died instantly. The defense presented Antonio Cadungog, who claimed he witnessed a different assailant, Arnold Morales, struggle with and shoot the victim. The trial court, however, found the testimony of the prosecution witness credible and convicted the appellant.
ISSUE
The core issue is whether the prosecution proved the guilt of the appellant beyond reasonable doubt for the crime of murder, qualified by treachery.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment giving full credence to the clear, positive, and categorical testimony of eyewitness Aileen Balanzar, who had no ill motive to falsely testify against the appellant. Her testimony was consistent on material points and was corroborated by the medico-legal findings. The defense of denial and the alternative version presented by witness Cadungog were correctly rejected for being inherently weak and uncorroborated. On the qualifying circumstance of treachery, the Court agreed with the trial court’s finding that the mode of attack—shooting the unarmed victim from behind at close range while his attention was focused on the basketball game—ensured the execution of the crime without risk to the appellant from any defense the victim might make. This sudden and unexpected attack deprived the victim of any opportunity to defend himself, thereby qualifying the killing as murder. The penalty of reclusion perpetua and the award of civil indemnity were thus affirmed.