PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIONISIO LABITAD Y MIJARES alias LANTOY, accused-appellant.
FACTS
The prosecution’s case rested primarily on the eyewitness account of Avelino Nadera. He testified that on July 13, 1997, while walking home in Barangay Bonbon, Cebu City, he saw accused-appellant Dionisio Labitad stabbing Apolonio Vertudazo with a “plamingko” (knife) from a distance of about 1.5 meters. The victim sustained multiple stab wounds and died. Labitad then swung the weapon at Nadera, hitting his finger, and threatened him not to reveal the incident. Nadera, frightened, fled. He disclosed the identity of the killer to the victim’s wife only on July 30, 1997. The defense presented denial and alibi, claiming Labitad was at home gathering firewood at the time, a claim corroborated by his wife and a neighbor.
ISSUE
The core issues were: (1) the credibility of the prosecution eyewitness given the alleged improbability of his account and his delayed disclosure; and (2) the correctness of the trial court’s appreciation of the qualifying circumstances of treachery and evident premeditation to convict for Murder.
RULING
The Supreme Court affirmed the conviction but modified the crime from Murder to Homicide. On credibility, the Court upheld the trial court’s assessment, finding Nadera’s testimony candid and straightforward. The delay in reporting was justified by the direct threat made against him, as fear of reprisal is a valid explanation. The Court also ruled that there is no standard behavioral response for witnesses to a startling event, rejecting the argument that Nadera’s proximity was improbable.
Regarding the qualifying circumstances, the Court found that treachery was not sufficiently established. The prosecution failed to prove how the attack was commenced. The Information alleged treachery and evident premeditation, but the evidence did not show that the accused employed means to ensure the victim’s defenselessness without risk to himself. Evident premeditation was also not proven, as there was no evidence of planning or preparation. Consequently, without any qualifying circumstance, the crime is Homicide, not Murder. The penalty was modified to an indeterminate sentence of 8 years of prision mayor, as minimum, to 16 years of reclusion temporal, as maximum. Civil indemnity was awarded at P50,000.00, moral damages at P50,000.00, and loss of earning capacity at P626,640.00, based on the victim’s age and proven income.
