GR 222645; (June, 2018) (Digest)
G.R. No. 222645. June 27, 2018.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. MICHAEL DELIMA AND ALLAN DELIMA, ACCUSED-APPELLANTS.
FACTS
Accused-appellants Michael and Allan Delima were charged with Murder for the stabbing death of Ramel Mercedes Congreso. The prosecution’s case rested primarily on the eyewitness account of Jose Gajudo, Jr., who testified that at around 4:00 a.m., he saw five individuals ganging up on the victim. Upon seeing Jose, three fled, leaving two assailants—later identified by another witness, Anthony Nator, as the appellants—who continued the attack. Jose stated that Allan stabbed Ramel while Michael held the victim by his pants. The defense interposed denial and alibi, claiming they were asleep at home during the incident. The Regional Trial Court convicted them of Murder qualified by treachery, a ruling affirmed by the Court of Appeals.
ISSUE
Whether the accused-appellants are guilty beyond reasonable doubt of the crime charged, and if the qualifying circumstance of treachery was sufficiently proven.
RULING
The Supreme Court modified the conviction from Murder to Homicide. The Court upheld the credibility of the prosecution witnesses, ruling that minor inconsistencies in their testimonies did not detract from their overall reliability. It found that the appellants’ concerted actions—one holding the victim and the other stabbing him—established conspiracy, making both equally liable for the killing. However, the Court held that the qualifying circumstance of treachery was not proven beyond reasonable doubt. The prosecution failed to establish how the attack was commenced, as the eyewitness only saw the ongoing assault. Without clear evidence that the mode of attack was deliberately adopted to ensure the victim’s defenselessness from the outset, treachery cannot be appreciated. Consequently, the crime is Homicide under Article 249 of the Revised Penal Code. Applying the Indeterminate Sentence Law, the appellants were sentenced to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, and ordered to pay civil indemnity, moral damages, and temperate damages to the victim’s heirs.