GR 143085; (March, 2004) (Digest)
G.R. No. 143085 ; March 10, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. EDGARDO BORBON y BOTER, appellant.
FACTS
The prosecution’s evidence established that on the night of June 16, 1995, in Tondo, Manila, appellant Edgardo Borbon, who was drunk, was seated on a bench with Jaime Tabilangan and others. When Gregorio Suck and his companions arrived, the appellant frisked Jaime and uttered that he “wanted to kill,” causing Jaime and his brother to flee. Shortly after, the appellant went inside a house, emerged with two knives, and without any warning, stabbed Gregorio Suck in the abdomen. The victim identified his assailant to his brother, Allan Suck, stating, “Allan, nasaksak ako ni Edgardo Borbon.” Gregorio Suck was rushed to the hospital but died days later from complications of the stab wound. The appellant denied the accusation, claiming he was in Plaridel, Bulacan, at the time and was not in Manila.
ISSUE
The core issue was whether the prosecution proved the appellant’s guilt for the crime of murder beyond reasonable doubt, particularly the presence of treachery to qualify the killing.
RULING
The Supreme Court affirmed the conviction for murder but modified the awarded damages. The Court found the testimonies of prosecution witnesses Jaime Tabilangan and Amado Vicmudo, Jr. credible and consistent, establishing that the appellant suddenly and unexpectedly stabbed the unarmed victim, who was merely conversing and presented no opportunity for defense. This mode of attack constituted treachery (alevosia), qualifying the crime as murder. The appellant’s defense of alibi was weak and could not prevail over the positive identification by credible witnesses. The claim of intoxication was correctly considered only as a mitigating circumstance by the trial court, as it was not proven to be habitual or intentional.
Regarding civil liability, the Court modified the damages. Actual damages were reduced to ₱124,388.55, which was the amount substantiated by receipts. The award of moral damages was reduced from ₱250,000.00 to ₱50,000.00, aligning with jurisprudence that such awards aim to compensate, not enrich, the heirs. The civil indemnity of ₱50,000.00 for the victim’s death was sustained as proper. Thus, the penalty of reclusion perpetua was affirmed with the corresponding modified damages.