G.R. No. 132384; September 21, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARLON GADIA, alias ALLONG, accused-appellant.

FACTS

The prosecution’s case established that on November 25, 1987, in Candon, Ilocos Sur, accused-appellant Marlon Gadia, together with two companions, approached the victim Rodolfo Antonio Gadia from behind while the latter was playing a game of “dama” with Roberto Gadia. As Rodolfo was leaning forward contemplating his move, accused-appellant, without any warning, stabbed him in the chest. When Rodolfo attempted to rise, he was stabbed a second time in the abdomen. The victim was rushed to the hospital where he gave an ante-mortem statement, thumb-marked before a police investigator, identifying “Allong Gadia” as his assailant. Rodolfo died the following day from hypovolemic and neurogenic shock secondary to the stab wounds.
The defense presented a different version. Accused-appellant claimed he and his companions were merely passing by when the victim, along with his group, invited them for a drink. An argument allegedly ensued between the victim and another individual, Ernesto Galdones, which escalated into a fistfight. Accused-appellant testified that he intervened to pacify them, and it was during this struggle that the victim was accidentally stabbed. He asserted he never had a knife and that the fatal wound was inflicted by Ernesto Galdones during the melee.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant for the crime of murder beyond reasonable doubt, particularly in overcoming the defense of denial and alibi and in establishing the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the conviction for murder but modified the penalty and damages. The Court found the prosecution evidence, particularly the credible and consistent testimonies of eyewitness Roberto Gadia and the corroborating ante-mortem declaration of the victim, sufficient to establish accused-appellant’s guilt beyond reasonable doubt. The defense of denial and alibi could not prevail over these positive identifications. The Court upheld the finding of treachery (alevosia). The attack was sudden and from behind while the victim was seated and leaning forward, engrossed in a game, rendering him unable to defend himself or retaliate. This manner of execution ensured the assailant’s safety from any counterattack, satisfying the criteria for treachery.
However, the Court reduced the penalty from reclusion perpetua to an indeterminate sentence of twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum. This modification was due to the application of the Indeterminate Sentence Law, as the crime was committed in 1987 before the reimposition of the death penalty under Republic Act No. 7659. The civil indemnity of P50,000.00 was affirmed. Actual damages were reduced to the duly receipted amount of P5,300.00, and moral damages of P50,000.00 were awarded. Attorney’s fees of P7,000.00 were also granted, but the award for litigation expenses was deleted for lack of substantiation.