G.R. No. 130507 July 28, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO GONZALES y MENDOZA alias “Bobbit”, accused-appellant.

FACTS

The accused-appellant, Roberto Gonzales, was charged with Multiple Murder for the deaths of Yolen (16), Josel (9), and Aileen (5) Hortezano. The Information alleged that on November 20, 1994, in Sogod, Cebu, the accused, with treachery and evident premeditation, slashed the necks of the three victims while they were asleep using a kitchen knife. The prosecution’s case rested primarily on the testimony of eight-year-old Mary Iris Hortezano, the victims’ sister and an eyewitness. She testified that she was sleeping in the same room when the accused, their neighbor “Noy Bobbit,” entered through the window. She saw him attack her sister Yolen, who pleaded for him to stop, and then proceed to slash the necks of her other siblings, Jocelle and Aileen. Dr. Ariel Roque, the Municipal Health Officer, confirmed the victims died from deep incised wounds severing the major neck vessels. The defense presented only the accused, who denied the charges and claimed alibi.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of Murder beyond reasonable doubt, particularly in light of the credibility of the child eyewitness’s testimony and the presence of the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the conviction for Murder but modified the penalty to reclusion perpetua, as the death penalty was not yet constitutionally permissible at the time of the commission of the crime. The Court upheld the trial court’s assessment of the credibility of Mary Iris Hortezano. It ruled that her testimony was clear, candid, and consistent even under rigorous cross-examination. The Court emphasized that the testimony of a child witness is admissible if she demonstrates the capacity to observe, recollect, and communicate the events, which Mary Iris satisfactorily did. Her detailed account of the attack, including the sequence of events, the accused’s actions, and her own observations, was found to be credible and unshaken.
Regarding the qualifying circumstance, the Court found treachery to be present. The victims were young children, asleep and defenseless in their own home when the accused launched a sudden and unexpected attack by slashing their necks. This method of attack, employed against sleeping victims, deliberately and consciously ensured the execution of the crime without any risk to the accused from the victims’ possible defense. The Court rejected the defense of alibi for being weak and unsubstantiated, especially in the face of the positive identification by the eyewitness. Consequently, the accused-appellant was found guilty of three counts of Murder qualified by treachery.