G.R. No. 132137 . October 1, 1999.
PEOPLE OF THE PHILIPPINES, petitioner, vs. DOMINADOR PADAMA, JR. y ALEJANDRO and JOSEPH POLLANTE, accused, DOMINADOR PADAMA, JR., accused-appellant.

FACTS

On June 12, 1997, at about 7:30 a.m., Gerry Gatchalian left his store at the Cabanatuan City public supermarket to eat breakfast at a nearby canteen. He was chased by two men, Dominador Padama, Jr. and Joseph Pollante, each armed with a knife, and was stabbed simultaneously several times. He died from a fatal stab wound to the chest, having sustained at least 13 lacerated wounds. Padama, Jr. and Pollante were charged with murder. Upon arraignment, Padama, Jr. pleaded not guilty; Pollante remained at large. The prosecution presented three eyewitnesses: Julie Ann Seroriales (a saleslady at the victim’s store), Fernando Mariano (a restaurant owner who witnessed the stabbing), and Dominic Menao (a helper at the store). Their testimonies consistently detailed the chase and the simultaneous stabbing of the victim while he was lying on the ground, unable to defend himself effectively. Padama, Jr. denied involvement, testifying that he went to the scene to prevent Pollante from further stabbing the victim and ran away upon hearing warning shots. The trial court found Padama, Jr. guilty of murder and sentenced him to death, ordering him to indemnify the victim’s heirs. The case is on automatic review.

ISSUE

1. Whether the trial court erred in rejecting the accused’s defense of denial.
2. Whether the trial court erred in appreciating the aggravating circumstance of evident premeditation.
3. Whether the trial court erred in imposing the death penalty.

RULING

The Supreme Court affirmed the judgment of conviction but modified the penalty. The prosecution evidence, particularly the consistent and credible testimonies of three eyewitnesses, convincingly established Padama, Jr.’s complicity in the murder. His defense of denial was properly rejected, as it could not prevail over the positive identification by the witnesses. The Court also found that the killing was attended by treachery, qualifying the crime as murder, as the attack was sudden and from behind, rendering the victim defenseless. However, the Court held that the aggravating circumstance of evident premeditation was not proven, as there was no evidence of the time when the accused determined to commit the crime, an act manifestly indicating that determination, and a sufficient lapse of time to reflect. In the absence of this aggravating circumstance, the penalty was reduced from death to reclusion perpetua. The award of P50,000.00 as civil indemnity and P210,000.00 for burial expenses was affirmed.