G.R. No. 126914 October 1, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NONOY FELIX, ELISEO GOMEZ @ “Ating,” AND ROMEO SANAO, accused, ELISEO GOMEZ, accused-appellant

FACTS

An information was filed charging Nonoy Felix, Eliseo Gomez, and Romeo Sanao with murder for the killing of Hector Ayala on January 27, 1995, in Davao City. Only accused-appellant Eliseo Gomez was arrested and arraigned, entering a plea of not guilty. The prosecution’s evidence, primarily from witnesses Imelda Ayala (the victim’s wife) and Luis Aleonar (a neighbor), established that around 1:30 a.m., the spouses were awakened by their dogs and found Gomez outside. An altercation ensued where Gomez boxed Hector Ayala before running away, leaving his bag. Shortly after, Gomez returned with five companions, including Nonoy Felix (armed with a handgun) and Romeo Sanao (armed with a rifle). Gomez pointed to Hector Ayala, saying “Kini” (“this one”), upon which Nonoy Felix immediately shot Ayala in the head. After Ayala fell, Felix shot him again in the chest. Gomez also pointed to Luis Aleonar, who was then shot by Felix in the neck. The culprits then fled. Hector Ayala was pronounced dead on arrival. The defense presented a different version, with Gomez testifying that he was assaulted by the victim’s brother, Jojo, and that after retrieving his bag, he heard shots and saw two persons running, prompting him to go home out of fear. The trial court convicted Gomez of murder, qualified by treachery and evident premeditation, and sentenced him to death, ordering him to pay indemnity and actual damages.

ISSUE

The main issues raised by the accused-appellant are: (1) whether treachery and evident premeditation were present to qualify the crime as murder; (2) whether the testimonies of prosecution witnesses Imelda Ayala and Luis Aleonar were credible and reliable; (3) whether the accused-appellant was positively identified as one of the assailants; (4) whether conspiracy existed among the accused; and (5) whether the award of actual damages was proper.

RULING

The Supreme Court modified the decision of the trial court. It ruled that treachery was not present because the initial altercation between Gomez and the victim forewarned the victim of the danger, and the attack was not sudden and unexpected. Evident premeditation was also not proven, as there was no evidence of sufficient time for Gomez to reflect upon the decision to kill after the altercation. However, the Court found the testimonies of Imelda Ayala and Luis Aleonar credible and consistent on material points, positively identifying Gomez as part of the group that attacked the victim. The Court upheld the finding of conspiracy, as Gomez’s act of pointing to the victim immediately before he was shot demonstrated a community of criminal design with the armed assailants. Consequently, Gomez is liable as a co-principal. The crime committed is homicide, not murder, due to the absence of qualifying circumstances. The Court affirmed the award of P50,000 as civil indemnity and P10,000 as actual damages, supported by the testimony of the victim’s wife regarding funeral expenses. Gomez was sentenced to an indeterminate penalty of ten years and one day of prision mayor as minimum to seventeen years, four months, and one day of reclusion temporal as maximum.