GR 128147; (May, 1999) (Digest)
G.R. No. 128147 May 12, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ESTANISLAW JABERTO y TELOY and MELVIN TIMTIM, accused, ESTANISLAW JABERTO y TELOY, appellant.
FACTS
The prosecution established that on the evening of December 24, 1995, in Cebu City, appellant Estanislaw Jaberto and his co-accused Melvin Timtim approached Primitivo Dagoc, who was napping while leaning on his store’s door. Without warning, Jaberto stabbed the unarmed and unsuspecting victim in the chest. The incident was witnessed by the victim’s son, Franklin Dagoc, and Mardonio Pelonio, who were conversing across the well-lit street. After the stabbing, Jaberto and Timtim fled but were pursued. Barangay tanods apprehended Jaberto and recovered a knife from him.
The defense presented a different account. Appellant Jaberto claimed he was merely accompanying Timtim, who was unfamiliar to him, when Timtim suddenly stabbed a man. He asserted that he ran out of fear and was wrongfully caught and mauled. He denied ownership of the knife and alleged that his admission to the police was coerced through manhandling.
ISSUE
The core issue is whether the trial court erred in convicting appellant Jaberto of Murder, primarily revolving around the credibility of witnesses and the presence of treachery.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of witness credibility, which is generally binding on appeal unless certain exceptions are present, none of which applied here. The eyewitness testimony of Franklin Dagoc was found clear and consistent, directly identifying Jaberto as the perpetrator. The Court dismissed minor discrepancies between his affidavit and court testimony as inconsequential, noting that affidavits are often incomplete.
On the qualifying circumstance of treachery, the Court found its presence duly proven. The attack was swift and unexpected, executed against a victim who was napping and utterly defenseless. This method of attack ensured the execution of the crime without risk to the assailant. The Court rejected Jaberto’s defense of denial and frame-up, which was uncorroborated and deemed less credible than the positive identification by the prosecution witness. His flight after the incident further indicated guilt. Thus, the Court found no reason to overturn the judgment convicting him of Murder and sentencing him to reclusion perpetua.