G.R. No. 132043 . May 31, 2000.
The People of the Philippines, plaintiff-appellee, vs. Teofisto Cotas y Limpiahoy, accused-appellant.

FACTS

Accused-appellant Teofisto Cotas was charged with Murder for the killing of Rossman Asuncion. The prosecution evidence established that on March 24, 1997, Asuncion was taking a nap on the floor of his house with his two young daughters. Without any warning, Cotas entered and stabbed Asuncion multiple times with a “tres cantos” file. The victim’s four-year-old daughter, Lady Angela, witnessed the attack. The victim’s common-law wife, Geraldine Tungala, heard Asuncion exclaim, “Kuya Jovy, I won’t fight you,” and then saw Cotas descending from their house, wiping a knife. Asuncion died from multiple stab wounds, including fatal wounds to the lungs.
The defense presented a different version. Cotas claimed he was at a different location at the time of the crime. He alleged that the victim’s brother, Rolly Asuncion, had a motive to implicate him due to a prior altercation. Cotas also asserted that his warrantless arrest was illegal and that his extrajudicial confession was inadmissible. The trial court convicted him of Murder qualified by treachery and sentenced him to death, prompting this automatic review.

ISSUE

The core issues were: (1) the credibility of the prosecution witnesses versus the defense of alibi and frame-up; (2) the admissibility of the victim’s dying declaration and the daughter’s testimony as part of the res gestae; (3) the presence of the qualifying circumstance of treachery; and (4) the propriety of the penalty and damages awarded.

RULING

The Supreme Court affirmed the conviction for Murder but modified the penalty to reclusion perpetua due to the absence of any aggravating circumstance. The Court found the testimonies of the child eyewitness, Lady Angela, and the victim’s wife, Geraldine Tungala, to be credible, consistent, and corroborated by the physical evidence. The defense of alibi was weak and could not prevail over the positive identification by credible witnesses. The victim’s statement, “Kuya Jovy, I won’t fight you,” was correctly admitted as part of the res gestae as it was made during a startling occurrence. Lady Angela’s account was also part of the res gestae, being a spontaneous declaration made immediately after witnessing the event.
The Court upheld the finding of treachery. The attack was sudden and unexpected, executed while the victim was asleep and in a prone position, depriving him of any chance to defend himself. This method ensured the execution of the crime without risk to the assailant. The Court, however, found that the aggravating circumstance of abuse of superior strength was absorbed in treachery. Evident premeditation was not proven. The award of civil indemnity was increased to P75,000.00, and moral damages of P50,000.00 were granted. Actual damages were deleted for lack of sufficient evidence, but temperate damages of P25,000.00 were awarded in lieu thereof.