GR 133737; (January, 2003) (Digest)
G.R. No. 133737; January 13, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JONATHAN DIAZ, accused-appellant.
FACTS
On October 14, 1995, at the Ateneo de Zamboanga, students Deborah Comille, Maria Coleen Lincoln, and Janet Nalzaro heard screams and struggling from the men’s comfort room on the second floor of the college building. Faculty member Servando Halili responded and, upon checking the cubicles, saw the back of a tall, big man wearing a white T-shirt and maong pants inside Cubicle No. 2 before the door was slammed shut. Shortly after, a tall, stout man emerged from the comfort room, covering his face with a cloth, carrying a bag, and wearing a white T-shirt with a red spot on the left chest. As he rushed down the back stairs, he passed Halili and uttered, “Papatayin kita.” Witnesses Deborah Comille and Evelyn Garcia recognized the man as Jonathan Diaz, a former student. Inside Cubicle No. 2, they found Christie Joy Torres unconscious with multiple stab wounds; she was declared dead on arrival at the hospital. The prosecution presented evidence that Diaz entered the campus at 9:20 a.m. and was seen on campus around 10:00 a.m. and 10:50 a.m. During an emergency meeting at the school, Deborah Comille identified Diaz from pictures. The defense presented an alibi, claiming Diaz was at a different location at the time, which was corroborated by his mother and uncle, but the trial court found the alibi weak and the prosecution’s evidence credible.
ISSUE
Whether the Regional Trial Court erred in convicting accused-appellant Jonathan Diaz of the crime of Murder based on the evidence presented.
RULING
The Supreme Court AFFIRMED the conviction with MODIFICATIONS. The Court found the testimonies of the prosecution witnesses credible and consistent, positively identifying Diaz as the perpetrator. The defense of alibi was rejected as it was not physically impossible for Diaz to have been at the crime scene. The qualifying circumstance of treachery was sufficiently proven, as the attack was sudden and unexpected, denying the victim any chance to defend herself. The Court modified the damages awarded: civil indemnity was set at P50,000.00; actual damages at P45,000.00 (based on receipts); and moral damages at P50,000.00. Accused-appellant Jonathan Diaz was found GUILTY of Murder and sentenced to Reclusion Perpetua with the aforementioned damages and costs.
