G.R. No. 123397 October 13, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENJAMIN M. DE LA CRUZ (P) and FERNANDO M. DE LA CRUZ (at large), accused, BENJAMIN M. DE LA CRUZ, accused-appellant.

FACTS

On January 24, 1992, at midnight, Rogelio Millan and his brother Danilo were waiting at a street corner in Kalookan City. Rogelio saw his brother Rolando being blocked by accused-appellant Benjamin de la Cruz on an unlighted portion of the street. From a distance of about three arms’ length, Rogelio witnessed Benjamin hit Rolando three times with a shovel, smashing his right forehead. Benjamin’s brother, Fernando de la Cruz (who remains at large), then stabbed Rolando five times, mostly on the chest, felling him. Rogelio did not shout for help nor aid his brother during the attack, explaining he was stunned and cowardly. After the assailants fled, Rogelio and Danilo brought Rolando to the hospital, where he was pronounced dead on arrival. The NBI medico-legal officer confirmed the victim died from multiple stab wounds. The Regional Trial Court convicted Benjamin de la Cruz of murder, qualified by treachery, and sentenced him to an indeterminate penalty. The Court of Appeals affirmed the conviction but modified the penalty to reclusion perpetua. The case was elevated to the Supreme Court for review.

ISSUE

Whether the guilt of accused-appellant Benjamin de la Cruz for the crime of murder was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court found the prosecution evidence, primarily the positive and credible eyewitness testimony of Rogelio Millan, sufficient to establish Benjamin de la Cruz’s guilt beyond reasonable doubt. Rogelio positively identified the accused, whom he had known for about five years, from a short distance. The Court held that Rogelio’s failure to help his brother, while regrettable, was a natural human reaction under emotional stress and did not undermine his credibility. His initial reluctance to be involved, demonstrated by having his brother Danilo execute the initial affidavit, was also deemed common and not a basis to discredit his subsequent court testimony. The defense of alibi was rejected as the accused admitted his residence was merely a one-minute tricycle ride from the crime scene, failing to prove physical impossibility of his presence. The Court appreciated the qualifying circumstance of treachery, as the attack was sudden and the victim was unarmed. However, it found the mitigating circumstance of voluntary surrender, as the accused presented himself to authorities within twelve hours of the killing, which was not previously considered. Consequently, the penalty was reduced. The Court modified the decision and sentenced Benjamin de la Cruz to an indeterminate prison term of ten (10) years, six (6) months and ten (10) days of prision mayor maximum as minimum to seventeen (17) years, eight (8) months and twenty (20) days of reclusion temporal maximum as maximum. He was also ordered to indemnify the heirs of Rolando Millan P50,000.00 for his death plus P7,000.00 for funeral expenses.