GR 122283; (June, 2000) (Digest)
G.R. No. 122283 ; June 15, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE GERAL alias “JOSE,” accused-appellant.
FACTS
In the evening of May 8, 1991, during a barangay fiesta disco in Padada, Davao del Sur, a brownout occurred around midnight. Shortly thereafter, Sencio Getalla witnessed accused-appellant Jose Geral stab Ciriaco Lanticse, Jr. beside the stacked sacks outside the barangay hall. Getalla chased Geral but was blocked by the crowd. Another witness, Narciso Nasibog, saw Geral running fast from the scene and accidentally bump his forehead on a basketball post. The victim died hours later from his wounds. Earlier that evening, witnesses Romualdo Pantojan and Noel Rellon saw Geral with no facial injuries while he was drinking. The following morning, Getalla reported the incident to the police. When investigated, Geral gave conflicting accounts about the fresh wound on his forehead, first telling his wife he bumped it on a door, then telling the police he hit it on a bed.
ISSUE
The core issue is whether the prosecution evidence, primarily testimonial, is sufficient to prove Geral’s guilt for murder beyond reasonable doubt, considering the challenges to witness credibility and the identification made during a brownout.
RULING
The Supreme Court affirmed Geral’s conviction but modified the crime from murder to homicide. The Court upheld the trial court’s assessment of witness credibility, finding no reason to deviate from its findings. It ruled that the area was sufficiently illuminated by gas lamps and candles from nearby stores, enabling Getalla to identify Geral from a distance of about six meters. Geral’s flight immediately after the incident and his inconsistent explanations for his forehead injury were considered indications of guilt. The Court found the prosecution successfully established Geral as the perpetrator through direct eyewitness testimony and corroborating circumstances.
However, the Court ruled that the qualifying circumstance of treachery was not proven. The prosecution failed to establish that Geral deliberately employed means of execution to ensure the commission of the crime without risk to himself. The attack from behind, while the victim was possibly unaware, did not by itself prove a conscious adoption of a treacherous method. Absent treachery, the crime is homicide under Article 249 of the Revised Penal Code. The penalty was reduced to an indeterminate sentence of 10 years of prision mayor, as minimum, to 17 years and 4 months of reclusion temporal, as maximum. The civil indemnity of P50,000.00 to the victim’s heirs was affirmed.