GR 137598; (November, 2003) (Digest)
March 16, 2026GR 237663; (October, 2020) (Digest)
March 16, 2026G.R. No. 127573 May 12, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE SILVESTRE y CRUZ, accused-appellant.
FACTS
Accused-appellant Jose Silvestre was charged with Murder for the fatal shooting of Luisito Palencia on January 18, 1996, in Malabon. The prosecution presented eyewitness Felicitas Torres, who testified that while waiting for a ride, she heard shots, turned, and saw a man on the ground and another man standing beside him holding a gun. After taking cover, she saw the gunman fire two more shots at the victim. She later identified the assailant as “Jojo Bungo” and pointed to the accused in court. The defense, in its offer of evidence, presented an affidavit from another witness, Bernadette Matias, describing the suspect with general physical characteristics. The trial court convicted Silvestre of murder qualified by treachery.
ISSUE
Whether the guilt of the accused-appellant for the crime of murder was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimony of eyewitness Felicitas Torres credible, positive, and consistent. Her identification of the accused was reliable, as she had a clear view of the incident and later identified him at the police station and in open court. The Court ruled that the affidavit of Bernadette Matias, presented by the defense, was correctly admitted only for its existence and contents, not for the truth of its statements, as the affiant was not presented for cross-examination. This affidavit, containing only a generic description, could not prevail over Torres’s direct and positive identification. Regarding the qualifying circumstance, the Court upheld the finding of treachery. The attack was sudden and deliberate, with the victim shot while lying defenseless on the ground, ensuring the execution without risk to the assailant. The Court modified the awarded damages, increasing the civil indemnity to P50,000.00 and deleting the award for loss of earning capacity due to insufficient factual basis, while affirming the award for moral damages.