G.R. No. 142043; September 13, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NELSON BITUON, accused-appellant.

FACTS

An information was filed charging accused-appellant Nelson Bituon with the crime of Murder for the killing of Gerardo Castillo on November 23, 1994, in Manila. The accused pleaded not guilty. The prosecution evidence established that the accused and the victim were former neighbors. The accused’s brother was killed in a rumble in 1992 involving the Castillo family, prompting the accused to move to Masbate. On November 23, 1994, around 6:30 p.m., the victim was near Mary Johnston Hospital when the accused suddenly appeared from behind and stabbed him on the back and right side. The victim walked to the hospital and told his mother, Virginia Castillo, that “Nonoy” (the accused’s nickname) stabbed him. He later died from his wounds. The stabbing was witnessed by Ernesto Cabaniero, who was about four to five arms’ length away. He testified that the place was well-lit by lampposts, he saw the accused approach and stab the victim, and he recognized the accused, noting a mole on his left cheek. The accused was later arrested in July 1997. The Regional Trial Court convicted the accused of murder, sentencing him to reclusion perpetua and ordering him to pay damages.

ISSUE

1. Whether the aggravating circumstances of treachery and evident premeditation were proven.
2. Whether the accused’s guilt was proven beyond reasonable doubt.

RULING

The Supreme Court upheld the conviction but modified the penalties and damages. On the first issue, the Court found that treachery (alevosia) was present. The attack was sudden and from behind, giving the victim no opportunity to defend himself, which qualified the killing as murder. However, evident premeditation was not proven, as there was no evidence of the time when the accused determined to commit the crime or an act manifestly indicating his deliberate choice to do so. On the second issue, the Court affirmed that guilt was proven beyond reasonable doubt. The positive identification by eyewitness Ernesto Cabaniero was credible and reliable. He had a clear view of the incident due to sufficient lighting and proximity, and he even noted a distinguishing mark (a mole) on the accused’s face. The accused’s defense of denial and alibi was weak and uncorroborated. The Court modified the penalty to reclusion perpetua in accordance with Republic Act No. 7659 and adjusted the awarded damages. The accused was ordered to pay the heirs of the victim: (1) death indemnity of P50,000.00; (2) moral damages of P50,000.00; (3) nominal damages of P15,000.00; and (4) indemnity for loss of earning capacity of P408,000.00.