GR 127489; (July, 2003) (Digest)
G.R. No. 127489; July 11, 2003
THE PEOPLE OF THE PHILIPPINES, appellee, vs. ALFREDO GALLEGO, SAMUEL DELLONA, LEOBERT GAJETO, ERWIN VILLAROS, ROBERTO APINAN, TINGTING GAJETO, ERNESTO AROLLADO, JOHN DOE @ “JUN” and RICHARD DOE @ “DIMAS,” accused. ALFREDO GALLEGO, SAMUEL DELLONA, LEOBERT GAJETO and ERWIN VILLAROS, appellants.
FACTS
The appellants, crew members of the F/B Ever IV, were charged with murder for the killing of Alexander Adrias on December 2, 1992. The prosecution’s eyewitness, Elpidio Suarez, testified that after a drinking session at the victim’s house, the group returned to the fishing vessel. As Suarez approached the boat, he saw the appellants and their co-accused collectively attacking Adrias on the deck under sufficient illumination from “trouble lights.” He witnessed appellants Leobert Gajeto, Samuel Dellona, Erwin Villaros, and Alfredo Gallego stabbing the victim, while others struck him with pieces of wood. Suarez immediately fled and reported the incident. The victim’s body, bearing multiple stab wounds, was later recovered. The appellants denied the accusation, claiming they were asleep during the incident and that the killing was done by other crew members who had remained at large.
ISSUE
The core issue is whether the prosecution proved the guilt of the appellants beyond reasonable doubt, specifically the qualifying circumstance of treachery to elevate the crime from homicide to murder.
RULING
The Supreme Court affirmed the Court of Appeals’ decision finding the appellants guilty of murder, qualified by treachery. The Court upheld the credibility of eyewitness Elpidio Suarez, noting that his testimony was clear, consistent, and credible. His presence at the scene was natural, and he had no ill motive to falsely testify against the appellants. The medical reports corroborated his account of a concerted attack. The Court ruled that treachery was present because the attack was sudden and unexpected, denying the victim any opportunity to defend himself. The appellants, by collectively surrounding and assaulting the unarmed victim on the confined space of the boat’s deck, employed means that ensured the execution of the crime without risk to themselves. The defense of denial and alibi could not prevail over the positive identification by the credible eyewitness. Thus, the crime is murder, and each appellant is sentenced to reclusion perpetua.