G.R. No. 197039 ; June 5, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ARIEL CALARA y ABALOS, Accused-Appellant.

FACTS

On March 6, 2004, around 1:00 a.m., Sgt. Francisco Dulay was fatally stabbed at a lugawan along Maharlika Highway in Santiago City, Isabela, while he was about to board a tricycle. The incident was witnessed by the victim’s brother, Dante Dulay, and cousin, Fernando Porquillano. Dante testified that he saw appellant Ariel Calara stab Francisco at the back shoulder and identified appellant by a distinguishing tattoo mark on his right arm and by hearing someone call the nickname “Aying.” During the incident, Dante was hit on the nape with a stone by one of appellant’s two companions, causing him to feel dizzy. Fernando testified that he was seated on the tricycle when he was suddenly boxed by an assailant, and thereafter saw appellant stab Francisco. The victim died from irreversible hypovolemic shock due to intrathoracic hemorrhage from stabbing. Appellant denied the accusation, claiming that a companion, “Dugong,” was the one who stabbed Francisco after a commotion that started when appellant boxed the victim following a dirty look. The Regional Trial Court found appellant guilty of murder, qualified by treachery, and sentenced him to reclusion perpetua, ordering him to pay damages. The Court of Appeals affirmed the conviction but modified the awards for moral and exemplary damages and loss of earning capacity.

ISSUE

1. Whether the trial court gravely erred in giving full weight and credence to the allegedly inconsistent testimonies of the prosecution witnesses.
2. Whether the trial court gravely erred in considering the qualifying circumstance of treachery.
3. Whether the trial court gravely erred in awarding damages.

RULING

The Supreme Court denied the appeal and affirmed the modified decision of the Court of Appeals.
1. On the credibility of witnesses: The Court found the alleged inconsistencies in the testimonies of Dante and Fernando to be minor and inconsequential. These pertained to peripheral details such as whether the victim was paying a bill or about to board the tricycle when stabbed, the failure to note the specific weapon or appellant’s apparel, and the witnesses’ positions during the incident. The Court held that witnesses are not expected to recall every detail with perfect accuracy, and such inconsistencies do not impair credibility where there is consistency on the principal occurrence and positive identification of the assailant. Both witnesses were steadfast in identifying appellant as the perpetrator.
2. On the qualifying circumstance of treachery: The Court affirmed the presence of treachery. The attack was sudden and unexpected, executed from behind while the victim was about to board a tricycle, rendering him unable to defend himself. The manner of attack ensured the execution of the crime without risk to the appellant.
3. On the award of damages: The Court sustained the modifications made by the Court of Appeals, which reduced the moral damages from ₱100,000.00 to ₱50,000.00, exemplary damages from ₱100,000.00 to ₱25,000.00, and recalculated the loss of earning capacity to ₱3,220,355.00. The awards for death indemnity (₱50,000.00) and actual damages (₱109,300.00) were affirmed. The modifications were in accordance with prevailing jurisprudence and the evidence on record.
The conviction for murder was upheld.