G.R. No. 139070 May 29, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOEL LEE, accused-appellant.

FACTS

On the evening of September 29, 1996, Herminia Marquez and her son, Joseph, were watching television in their well-lit living room in Caloocan City. Herminia glanced at Joseph, who was seated against a wall with an open window behind him. She saw a hand holding a gun emerge from the window and then saw accused-appellant Noel Lee peering through it, aiming the gun at Joseph. Before she could react, Joseph turned toward the window, and appellant fired, hitting Joseph in the head. Appellant fired additional shots before fleeing. Herminia positively identified appellant as the shooter, a neighbor known to her. Joseph was pronounced dead at the hospital from gunshot wounds to the head.
The defense presented an alibi, claiming appellant was drinking with friends at his house at the time of the shooting. The trial court rejected this defense, giving full credence to Herminia’s clear and consistent eyewitness account. The Regional Trial Court convicted appellant of murder qualified by treachery and sentenced him to death, prompting this automatic review.

ISSUE

Whether the prosecution proved the guilt of the accused beyond reasonable doubt for the crime of murder.

RULING

Yes, the Supreme Court affirmed the conviction for murder but modified the penalty to reclusion perpetua. The Court found the testimony of Herminia Marquez credible, positive, and convincing. She had a clear view of the incident under good lighting conditions, immediately recognized the accused who was their neighbor, and her narration was consistent and unwavering. Her natural reaction of shock and subsequent actions were consistent with that of a distraught mother witnessing her son’s killing. The defense of alibi was inherently weak and could not prevail over her positive identification.
The Court upheld the finding of treachery. The attack was sudden and unexpected, executed from behind the victim through a window, which deprived Joseph of any opportunity to defend himself or retaliate. The manner of attack, specifically firing from a concealed position at an unsuspecting victim engrossed in watching television, squarely constituted alevosia. However, the death penalty was reduced to reclusion perpetua in line with the prevailing rule that where no aggravating circumstances attended the commission of the crime, the proper penalty is the lesser of the two indivisible penalties. The Court awarded civil indemnity, moral damages, and actual damages for funeral expenses as proven by receipts.