G.R. No. 120160 . July 13, 1999.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODOLFO ATREJENIO Y LIBANAN, accused-appellant.

FACTS

Accused-appellant Rodolfo Atrejenio y Libanan was charged with Murder for the killing of Bonifacio Olino y Jose on July 27, 1986, in Manila. The information alleged he shot the victim with a homemade gun (sumpak) with treachery and evident premeditation. He pleaded not guilty. The prosecution presented eyewitnesses Lito J. Olino (the victim’s cousin) and Leonito Toltol (a neighbor), who testified that at about 8 p.m., while the victim and Lito were walking, accused-appellant, who was hiding behind a culvert, shot the victim with a .38 caliber revolver. Both witnesses identified accused-appellant, citing illumination from a nearby electric post and store. The victim was declared dead on arrival at the hospital. Dr. Marcial Cenido, the medico-legal officer, performed an autopsy and concluded the cause of death was a gunshot wound to the left chest that lacerated the left lung. He noted the trajectory indicated the assailant was right-handed, positioned at the victim’s left lateral side and slightly in front, and estimated the range at five feet or less, with no signs of struggle from the victim. Patrolman Salvador Fradejas testified that after the incident, Lito led him to accused-appellant’s house, where accused-appellant was identified and taken to the police station. Fradejas stated accused-appellant orally admitted the killing, citing a prior fight and enmity. The defense presented accused-appellant and his wife, who denied the charges and claimed he was at home at the time of the incident. The trial court found accused-appellant guilty of Murder qualified by treachery and sentenced him to reclusion perpetua and ordered him to pay indemnity.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant for the crime of Murder beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction for Murder. The Court found the testimonies of the two eyewitnesses, Lito Olino and Leonito Toltol, to be credible, consistent, and positively identifying accused-appellant as the assailant. Their accounts were corroborated by the medico-legal findings, which confirmed the shooting trajectory and lack of defensive wounds, supporting the presence of treachery as the victim was unexpectedly attacked while walking. The defense of alibi was rejected as it could not prevail over the positive identification by credible witnesses. The Court upheld the trial court’s finding that treachery attended the killing, qualifying it as Murder. However, the Court modified the penalty. While reclusion perpetua was correctly imposed, the civil indemnity was increased to P50,000.00 in line with prevailing jurisprudence. The decision of the Regional Trial Court was affirmed with this modification.