GR 154348; (June, 2004) (Digest)
G.R. Nos. 154348-50; June 8, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. PABLO DELA CRUZ, appellant.
FACTS
On December 15, 1995, at the public market of Sta. Catalina, Negros Oriental, appellant Pablo dela Cruz joined a group of men, including Felipe Pajunar and the 81-year-old Victoriano Francisco, for a drink. After consuming a glass of local wine, appellant suddenly placed his arm around Pajunar and stabbed him, uttering, “Pinaskuhan nako nimo Brod.” He then immediately turned and stabbed Francisco. Francisco died from his wounds. During the ensuing commotion, appellant also stabbed William Tacaldo, who was typing inside a market stall, inflicting serious injuries. The three criminal cases for Murder and two counts of Frustrated Murder were consolidated for trial.
The prosecution presented eyewitnesses, including victims Pajunar and Tacaldo, who positively identified appellant as the assailant. The defense presented alibi, claiming appellant was elsewhere during the incident. The Regional Trial Court convicted appellant of Murder for the death of Francisco and two counts of Frustrated Murder for the attacks on Pajunar and Tacaldo. Appellant appealed, challenging the credibility of the witnesses and the presence of qualifying circumstances.
ISSUE
The core issue is whether the prosecution proved appellant’s guilt beyond reasonable doubt for the crimes of Murder and Frustrated Murder, including the attendant qualifying circumstance of treachery.
RULING
The Supreme Court affirmed the convictions but modified the penalties. The positive identification by eyewitnesses, who had no ill motive to falsely testify, prevails over the weak defense of alibi, which was not physically impossible. For the killing of Victoriano Francisco, treachery was correctly appreciated. The attack was sudden and unexpected, executed in a manner that deprived the elderly and unarmed victim of any chance to defend himself. This qualifies the crime as Murder.
Regarding the two counts of Frustrated Murder, the Court found that the prosecution adequately proved the appellant’s intent to kill and the execution of acts that would have resulted in death were it not for timely medical intervention. However, the Court modified the penalty for the Frustrated Murder of Felipe Pajunar. The trial court erroneously sentenced him for Attempted Murder. Since the Information alleged and the evidence proved Frustrated Murder, the penalty was corrected to an indeterminate sentence of eight years and one day of prision mayor, as minimum, to fourteen years, eight months and one day of reclusion temporal, as maximum, consistent with the penalty for the frustrated stage of Murder. The awards for damages were also affirmed.