G.R. No. 130666. January 31, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CASIMIRO JOSE y GAYOL @ “JUN”, accused-appellant.

FACTS

In the early morning of September 15, 1996, in Barangay Dusoc, Bayambang, Pangasinan, Felix Zacarias arrived home drunk and shouting. His sister, Gina Zacarias, followed him outside to pacify him. Suddenly, accused-appellant Casimiro Jose emerged and, from a distance of about one meter, hacked Felix on the left side of the neck with a bolo. Gina, who was five meters away, positively identified the accused, her cousin’s husband, as the assailant, illuminated by a kitchen light. The wounded Felix fled but died en route to the hospital. The post-mortem examination confirmed the hacking wound lacerated a major blood vessel, causing his death. Accused-appellant was apprehended later that morning, with bloodstains on his clothes, and initially denied but later admitted the hacking.

ISSUE

Whether the trial court correctly convicted accused-appellant Casimiro Jose of Murder qualified by treachery.

RULING

Yes, the Supreme Court affirmed the conviction for Murder. The Court found the testimony of eyewitness Gina Zacarias credible, positive, and consistent. She had a clear view of the incident, was familiar with the accused, and her identification was not impaired by the nighttime due to the illumination from a light source. The sudden and unexpected attack on the victim, who was unarmed and unable to defend himself, constituted treachery (alevosia), qualifying the killing to Murder. The defense of denial, unsupported by clear and convincing evidence, cannot prevail over positive identification. The Court modified the damages awarded, sustaining the P50,000 civil indemnity and adding P50,000 moral damages, but deleting the award for actual damages for lack of competent proof. The penalty of reclusion perpetua was affirmed.