G.R. No. 118936 February 9, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LORENZO ASIS y GONZALES & ROMEO MENDOZA y SANTOS, accused-appellants.

FACTS

On June 4, 1991, tricycle driver Ernesto Maningas was killed, found with 23 stab wounds. Accused Lorenzo Asis and Romeo Mendoza, along with others, were charged with Murder. The prosecution established that on the night of June 4, witness Gilbert de Guzman saw the victim drive his tricycle towards Bgy. Pinakpinakan with Asis and Mendoza on board. The next morning, the victim’s body was found. On June 5, witness Rolando dela Cruz saw Mendoza and an unidentified companion (later identified as Asis) at his farmhouse wearing blood-stained clothes, with injuries, and Mendoza stated they had a fight in Bgy. Pinakpinakan. Asis was later picked up and executed a statement implicating himself, Mendoza, and Atanacio Carino in a plot to kill the victim for P3,000. The victim’s widow testified about a possible motive involving a land dispute. The defense of Asis and Mendoza was alibi, claiming they were at Mendoza’s house at the time. The trial court convicted Asis and Mendoza of Murder and acquitted Carino. Mendoza later withdrew his appeal, leaving only Asis.

ISSUE

1. Whether the prosecution established the guilt of accused-appellant Lorenzo Asis beyond reasonable doubt.
2. Whether the killing was qualified by treachery to constitute Murder.
3. Whether voluntary surrender should be considered a mitigating circumstance for appellant Romeo Mendoza (rendered moot by his withdrawn appeal).

RULING

The Supreme Court MODIFIED the trial court’s decision.
1. On Guilt: The Court sustained Asis’s conviction based on circumstantial evidence meeting the required requisites: (a) more than one circumstance; (b) proven facts; and (c) a combination producing conviction beyond reasonable doubt. The circumstances were: Asis was last seen with the victim; he was seen the next morning with blood-stained clothes and injuries consistent with a struggle; he admitted being in a fight at the crime scene; and he fled when pursued by CAFGU soldiers. His alibi was rejected as he failed to prove it was impossible for him to be at the crime scene. The testimonies of prosecution witnesses were found credible and without ill motive.
2. On Qualifying Circumstance: The Court found that treachery was not proven. While the victim sustained 23 stab wounds, there was no evidence detailing the manner of attack to show that the assailants employed means to ensure the victim’s defenselessness. The number of wounds alone does not prove treachery. The victim’s defensive wounds indicated a struggle, negating a sudden and unexpected attack. Consequently, the crime committed was Homicide, not Murder.
3. On Penalty: Asis was found guilty of Homicide only. The Court imposed an indeterminate sentence of 10 years of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum. The issue on voluntary surrender for Mendoza was not addressed due to his withdrawn appeal.