G.R. No. 120170 . May 31, 2000.
People of the Philippines, plaintiff-appellee, vs. Restituto Dimailig y Caraig, accused-appellant.

FACTS

Accused-appellant Restituto Dimailig was charged with the murder of Arlene Guaves. The prosecution evidence established that on October 3, 1993, at the Northmall in Kalookan City, Dimailig suddenly approached the victim, Arlene Guaves, who was walking with her sister Josephine. He pulled Arlene away and stabbed her multiple times in the chest with a balisong, causing her death. Josephine Sevillana witnessed the attack and positively identified Dimailig as the assailant. Police officers responding to a commotion found Dimailig being mauled by bystanders and apprehended him. At the police station, Dimailig made an extrajudicial statement to SPO1 Cesar Antonio, admitting, “Bata ko siya, niloko niya ako kaya sinaksak ko siya.”
The Regional Trial Court convicted Dimailig of murder qualified by treachery and sentenced him to reclusion perpetua. The court also ordered him to pay indemnity, moral damages, actual damages, and compensation for loss of earning capacity to the victim’s heirs. On appeal, Dimailig questioned the credibility of the eyewitness, the admissibility of his alleged confession, and the appreciation of the qualifying circumstance of treachery.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused beyond reasonable doubt for the crime of murder, particularly the presence of treachery to qualify the killing.

RULING

The Supreme Court affirmed the conviction but modified the damages. The Court found the testimony of eyewitness Josephine Sevillana credible, straightforward, and consistent. Her positive identification of the accused, whom she knew personally, was deemed reliable. The Court also ruled that the alleged extrajudicial confession, while not formally offered in evidence, was inconsequential as the conviction was firmly based on the credible eyewitness account.
On the qualifying circumstance, the Court held that treachery (alevosia) was duly established. The attack was sudden and unexpected, launched from behind the victim’s sister, giving the unarmed Arlene no opportunity to defend herself or repel the assault. The manner of execution—multiple stab wounds to the chest—directly and specially ensured the accomplishment of the crime without risk to the assailant. This method squarely meets the legal definition of treachery.
However, the Court modified the award of damages. Moral damages were reduced to P50,000.00, consistent with prevailing jurisprudence. The award for loss of earning capacity was deleted for lack of sufficient basis, as the only evidence was an unverified certification from the employer. Actual damages were reduced to P10,891.40, representing only the expenses supported by official receipts. Civil indemnity of P50,000.00 was sustained. The penalty of reclusion perpetua was affirmed.