G.R. Nos. 143435-36; November 28, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. ALEX FLORES y LOPEZ, appellant.

FACTS

The appellant, Alex Flores, was charged with attempted murder against Gery Quezon and consummated murder against Sony Quezon. The prosecution evidence established that in the early morning of June 7, 1999, inside a Quezon City construction site, Flores, a co-worker, stabbed the sleeping Sony Quezon in the chest. The attack awakened Gery, who was sleeping nearby. Before Gery could assist his brother, Flores also stabbed at Gery twice with a fan knife, which Gery parried, sustaining injuries to his hands. Flores fled but was later apprehended near the Baliwag Transit terminal. Sony Quezon died from the stab wound, which penetrated his aorta.
The Regional Trial Court convicted Flores of attempted murder for the attack on Gery and murder for the killing of Sony, sentencing him to reclusion perpetua for murder. Flores appealed, arguing the prosecution failed to prove his guilt beyond reasonable doubt and that the qualifying circumstances of treachery and evident premeditation were not established.

ISSUE

The core issue is whether the prosecution proved the crimes of murder and attempted murder, including their qualifying circumstances, beyond reasonable doubt.

RULING

The Supreme Court modified the trial court’s decision, convicting Flores of homicide and attempted homicide instead. The Court affirmed the factual findings of the trial court, including the positive identification of Flores by eyewitness Gery Quezon, which prevailed over Flores’s denial and alibi. However, the Court disagreed with the qualification of the crimes.
For the killing of Sony Quezon, the Court found that treachery was not sufficiently established. The prosecution failed to prove that the mode of attack was consciously adopted to ensure the execution of the crime without risk to the appellant. The information alleged the victim was sleeping, but the evidence did not conclusively show that Flores deliberately employed this condition to facilitate the attack without any risk arising from the victim’s defense. Absent treachery, the killing constitutes homicide, not murder. The circumstance of evident premeditation was also not proven.
For the attack on Gery Quezon, the Court similarly found that the prosecution did not establish that the attack was attended by treachery. Since Gery was already awake and able to parry the blows, the execution of the crime did not employ means to ensure its commission without risk to Flores. Thus, the crime is attempted homicide, not attempted murder. The Court imposed the appropriate penalties for homicide and attempted homicide and awarded temperate and moral damages to the victims’ heirs.