G.R. No. 139054 December 9, 2002
People of the Philippines, appellee, vs. Pablito Bello, Julito Bello (at large), Danilo Bello (at large) & John Doe, accused. Pablito Bello, appellant.

FACTS

An Information charged Pablito Bello, Julito Bello, Danilo Bello, and John Doe with the crime of Murder for the killing of Romeo Penoso. Only Pablito Bello was apprehended and arraigned, pleading not guilty. The prosecution established that on May 9, 1993, at around 9:00 PM, Ruben Penoso, his wife Salvacion, their children, and the victim Romeo Penoso were eating dinner inside their house in Valenzuela when they heard a gunshot from the window. They saw Julito Bello outside aiming a gun, who fired two more shots, hitting Romeo on both thighs. Appellant Pablito Bello and Danilo Bello then entered the house, and Pablito rushed towards the fallen victim and stabbed him in the chest. The victim was pronounced dead on arrival at the hospital. The medico-legal officer confirmed the cause of death was a stab wound to the chest, with additional gunshot and incised wounds. The defense of appellant was alibi and denial, claiming he was in Malabon buying fish at the time of the incident and did not know the victim or the prosecution witnesses.

ISSUE

Whether the trial court erred in convicting appellant Pablito Bello of Murder, specifically in holding that the killing was committed with the qualifying aggravating circumstance of treachery.

RULING

The Supreme Court affirmed the conviction. The trial court’s findings on the credibility of the prosecution witnesses, who positively identified appellant as the one who stabbed the victim, were accorded respect. Their straightforward testimonies were consistent with the medico-legal findings. Appellant’s defenses of alibi and denial were inherently weak and unsubstantiated, as he failed to prove it was physically impossible for him to be at the crime scene. The Court agreed with the trial court that treachery attended the commission of the crime. The attack was sudden and unexpected, commencing with gunshots through the window, rendering the unarmed victim defenseless and unable to flee, especially after being wounded. This manner of execution ensured the assailants’ safety from any retaliation. The crime was therefore Murder qualified by treachery. The penalty of reclusion perpetua was affirmed. Appellant was ordered to pay the heirs of the victim P50,000 as civil indemnity and P42,200 as actual damages.