G.R. No. 134762 ; July 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO FERNANDEZ @ “BONG DAGIS,” accused-appellant.

FACTS

The prosecution’s case, anchored on the eyewitness account of Thelma Bates, established that on November 10, 1996, in Navotas, Metro Manila, she discovered her son, Danilo Bates, being stabbed by appellant Romeo Fernandez on a stone bench in an alley. Thelma, positioned four to five meters away under illumination from a nearby house, saw appellant stab her son in the chest at least three times before fleeing. The mortally wounded Danilo was rushed to the hospital, where he died from multiple stab wounds. Before his death, Danilo uttered “Dagis,” the appellant’s alias. The defense consisted of denial and alibi, with appellant claiming he was at home putting his children to sleep during the incident and was unacquainted with the victim. His wife corroborated his alibi. The trial court convicted appellant of murder, sentencing him to reclusion perpetua and ordering him to pay damages.

ISSUE

The sole issue is whether the trial court erred in convicting appellant of murder based on the credibility of the lone eyewitness, Thelma Bates, and in appreciating the qualifying circumstance of treachery.

RULING

The Supreme Court affirmed the conviction but modified the crime to Homicide. The Court upheld the trial court’s assessment of Thelma Bates’ credibility, finding no reason to deviate from the rule that factual findings of the trial court are accorded great weight. Her positive identification, made from a short distance under adequate lighting, prevailed over the weak defenses of denial and alibi, which were not physically impossible. The Court found her inability to describe the weapon and minor inconsistencies in her testimony inconsequential, as they did not relate to the core fact of witnessing the stabbing. However, the Court ruled that treachery was not sufficiently established. The prosecution failed to prove how the attack commenced. The information merely alleged treachery, and Thelma Bates’ testimony only described seeing the actual stabbing, not the manner of inception. Without evidence that the accused employed means to ensure the execution without risk to himself from any defense the victim might make, treachery cannot be presumed. Consequently, the crime is Homicide, not Murder. Applying the Indeterminate Sentence Law and adjusting the civil liabilities, the Court sentenced appellant to an indeterminate penalty of eight years and one day of prision mayor as minimum to fourteen years, eight months, and one day of reclusion temporal as maximum, and ordered him to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages.