GR 229859; (June, 2019) (Digest)

G.R. No. 229859 June 10, 2019
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JOJIT ARPON Y PONFERRADA @ “MODIO”, Accused-Appellant

FACTS

Accused-appellant Jojit Arpon was charged with Murder for the killing of Rodolfo Moriel. The prosecution evidence established that at 3:00 a.m. on May 27, 2010, the victim and eyewitness Bernardo Insigne were walking home when Arpon suddenly accosted them. Using a bladed weapon, Arpon stabbed Rodolfo on the left chest. As Rodolfo attempted to flee, Arpon stabbed him a second time on the right chest, causing him to fall. Bernardo, fearing for his life, ran from the scene and later reported the incident to the police. The victim died from hypovolemic shock due to multiple stab wounds.
The defense presented an alibi, with Arpon testifying that he was at a relative’s house in the same barangay from 8:00 p.m. on May 26, 2010, until 4:00 a.m. the following day. The Regional Trial Court convicted Arpon of Murder, appreciating the qualifying circumstance of treachery, and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction in toto. Arpon appealed, assailing the credibility of the eyewitness and the presence of treachery.

ISSUE

Whether the Court of Appeals erred in affirming Arpon’s conviction for Murder, specifically regarding the credibility of the prosecution witness and the appreciation of the qualifying circumstance of treachery.

RULING

The Supreme Court denied the appeal and affirmed the conviction. On the issue of credibility, the Court upheld the findings of the lower courts, giving full weight to the positive identification made by eyewitness Bernardo Insigne. The Court ruled that minor inconsistencies in his testimony, such as the exact time of arrival at the vespers or initial mention of another assailant in his affidavit, pertained to collateral matters and did not undermine his core account of the stabbing incident. His proximity to the event and lack of ill motive to falsely testify against Arpon, whom he knew, rendered his testimony credible. The defense of alibi was correctly rejected, as Arpon failed to prove it was physically impossible for him to be at the crime scene.
Regarding treachery, the Court found its attendance to be indubitable. The attack was sudden and unexpected, executed from behind as the victim was walking home unarmed and unaware. The means employed—a bladed weapon used to stab the defenseless victim—directly and specially ensured the execution of the crime without risk to the assailant. The fact that the victim was with a companion did not negate treachery, as the swift and deliberate manner of the assault effectively neutralized any potential defense. Therefore, the killing was qualified to Murder, and the penalty of reclusion perpetua was affirmed.