GR 116794; (June, 2000) (Digest)
G.R. No. 116794; June 23, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HENRY FLORES Y TANDOG alias “Toto”, accused-appellant.
FACTS
The accused-appellant, Henry Flores alias “Toto,” was convicted of Murder by the Regional Trial Court of Caloocan City for the stabbing death of Nicanor Doctolero. The prosecution evidence, primarily from the victim’s wife Corazon, established that on July 13, 1993, she heard her husband shout that “Toto” had stabbed him. Looking out her store window, she saw appellant embracing Nicanor from behind, armed with a knife, and attempting a second thrust which Nicanor parried before appellant fled. The victim sustained a fatal stab wound at the back and died six days later from complications. The defense interposed alibi, claiming appellant was at his cousin’s canteen in another barangay at the time, and denied the crime, asserting he and the victim were friends.
ISSUE
The core issues were: (1) whether the prosecution proved appellant’s guilt beyond reasonable doubt, and (2) whether the qualifying circumstance of treachery was duly established to convict him of Murder.
RULING
The Supreme Court affirmed appellant’s criminal liability but modified the conviction from Murder to Homicide. The Court found the positive identification by the eyewitness, Corazon, credible and sufficient to establish guilt beyond reasonable doubt, outweighing the weak defense of alibi which was not physically impossible. However, the Court ruled that treachery was not proven. The prosecution failed to establish how the attack commenced. The evidence only showed appellant already embracing the victim from behind during the second attempted stab. The initial fatal stab wound at the back was not described in its execution; thus, the manner of attack was not clearly shown to be deliberate and sudden, ensuring the victim’s inability to defend himself. Absent proof of how the killing began, treachery cannot be presumed. Consequently, the crime is Homicide under Article 249 of the Revised Penal Code. The penalty was modified to an indeterminate sentence of 10 years of prision mayor medium, as minimum, to 14 years, 8 months, and 1 day of reclusion temporal medium, as maximum, with civil indemnity of P50,000 to the victim’s heirs.