G.R. No. 232649, November 28, 2018
People of the Philippines, Plaintiff-Appellee, v. Mario Bulutano y Alvarez, Accused-Appellant.

FACTS

The accused-appellant, Mario Bulutano, was charged with Murder for the killing of Wilbert Augusto on February 16, 1998, in Makati City. The prosecution presented eyewitnesses Reynaldo Astrolavio, Allan Ramos, and Gerald Manaog. Their collective testimonies established that after a prior altercation involving another group, Bulutano, along with Jhun Serad and others, armed with pieces of wood, sought retaliation. Witnesses saw Serad initially strike Wilbert on the head with a piece of wood, causing him to fall. Crucially, Allan Ramos and Gerald Manaog testified that they then saw Bulutano also hit the already fallen and defenseless Wilbert on the head with a wooden club. The victim was brought to the hospital where he was pronounced dead. The defense, however, presented a different narrative. Bulutano denied direct participation, claiming he was merely trying to pacify a brawl between different groups and pointed to Serad as the sole perpetrator.
The Regional Trial Court convicted Bulutano of Murder, qualified by treachery, and sentenced him to reclusion perpetua. The Court of Appeals affirmed the RTC’s decision in toto. Bulutano appealed to the Supreme Court, arguing that the prosecution failed to prove his guilt beyond reasonable doubt and that the qualifying circumstance of treachery was not established.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of Murder beyond reasonable doubt, particularly the presence of the qualifying circumstance of treachery.

RULING

The Supreme Court partially granted the appeal. It affirmed the conviction but modified the crime from Murder to Homicide and accordingly reduced the penalty. The Court upheld the factual findings of the lower courts regarding Bulutano’s criminal liability. The testimonies of the prosecution witnesses were found to be credible, consistent, and sufficient to establish that Bulutano struck the victim on the head while the latter was already prostrate on the ground. This act constituted a direct assault contributing to the fatal injury, proving his guilt as a principal by direct participation.
However, the Court ruled that the qualifying circumstance of treachery (alevosia) was not proven beyond reasonable doubt. For treachery to exist, the means of execution must be deliberately adopted without danger to the assailant from any defense the victim might make. The evidence showed that the attack on Wilbert occurred in the context of a sudden tumultuous affray or melee. The setting was a chaotic street brawl involving multiple participants from conflicting groups. The prosecution failed to prove that Bulutano consciously adopted a particular mode of attack specifically intended to ensure the execution of the crime without risk to himself. The attack emerged from the confusion of the group fight, not from a deliberate and calculated plan targeting an unsuspecting and defenseless victim. Absent any other qualifying circumstance, the crime is properly Homicide under Article 249 of the Revised Penal Code. The Court sentenced Bulutano to an indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months, and 1 day of reclusion temporal, as maximum, and ordered him to pay civil indemnity, moral damages, and temperate damages of P50,000 each to the victim’s heirs.