G.R. No. 229928 July 22, 2019
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. DEXTER ASPA ALBINO @ TOYAY, Accused-Appellant

FACTS

The prosecution’s evidence established that in the early morning of May 10, 2009, an altercation occurred outside a benefit dance in Carigara, Leyte. Prosecution witnesses Jerome Soriano (the victim’s brother) and Arwin Terrado testified that they and the victim, Marlon Soriano, were attempting to pacify the commotion. At this point, accused-appellant Dexter Aspa Albino, without any warning, drew a revolver and shot Marlon in the chest from a close distance. The victim was rushed to the hospital but died from the gunshot wound. The witnesses positively identified Albino as the shooter, noting the area was well-lit by mercury lamps.
The defense presented a different version. Albino denied the charge, claiming it was Jerome who assaulted him. He testified that during the commotion, he felt a pointed object at his back, heard a gunshot, and saw Marlon fall, but he did not see who fired the shot. He then ran away and was later arrested. The Regional Trial Court convicted Albino of Murder qualified by treachery and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction with modifications regarding damages and parole eligibility.

ISSUE

Whether the qualifying circumstance of treachery was sufficiently proven to convict the accused-appellant of Murder, or if the crime should be downgraded to Homicide.

RULING

The Supreme Court modified the conviction from Murder to Homicide. The Court held that the prosecution failed to prove the qualifying circumstance of treachery with moral certainty. For treachery to be present, the execution of the attack must be deliberate and adopted without any risk to the assailant arising from the defense the victim might make. The evidence showed the shooting occurred during a heated altercation involving several individuals, including the victim and his companions. This sudden tumult created a scenario where the victim and his group were not entirely helpless or unaware of a possible attack from the opposing group. The attack, while sudden, was not shown to have been consciously and deliberately adopted by Albino to ensure the execution of the crime without risk to himself. The circumstances did not rule out the possibility of retaliation or defense from the victim’s side. Thus, the crime committed was Homicide under Article 249 of the Revised Penal Code. The Court imposed an indeterminate penalty of eight (8) years of prision mayor as minimum to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal as maximum, and awarded civil indemnity, moral damages, and temperate damages of Php50,000.00 each, with interest.