G.R. No. 239777 , July 08, 2020
People of the Philippines, Plaintiff-Appellee, vs. Julian Silvederio III y Javelosa, Accused-Appellant.

FACTS

Accused-appellant Julian Silvederio III y Javelosa was charged with Murder for the killing of Glenn N. Lasafin on May 10, 2012, in Iloilo City. The Information alleged that accused-appellant, armed with a firearm, shot the victim several times with treachery, by suddenly shooting without provocation and shooting again even when the victim was already kneeling down, depriving him of the opportunity to defend himself. The prosecution presented witnesses Jethro Bonitillo and bouncer Leopoldo Vasquez. Bonitillo testified that while he and the victim were going to the restroom at Aura Chillout Lounge, accused-appellant accosted them, asked the victim “Ano ka parakoy ka?”, and later shot the victim. Bonitillo heard a gunshot, then saw the victim hit in the upper left arm by a second shot, and finally saw accused-appellant approach and shoot the victim in the chest as the victim was holding his wounded arm, causing him to fall. Vasquez testified that after hearing gunshots, he saw the victim lying down and accused-appellant holding a .38 revolver. Accused-appellant ran, threw the gun, and was later caught. The defense interposed denial, claiming accused-appellant was struck on the head with a beer bottle during a commotion, heard gunshots, and was later apprehended while walking away, and that the victim and witnesses initially failed to identify him. The Regional Trial Court found accused-appellant guilty of Murder qualified by treachery and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the damages awarded.

ISSUE

1. Whether the prosecution proved accused-appellant’s guilt for Murder beyond reasonable doubt.
2. Whether the Information sufficiently alleged the qualifying circumstance of treachery.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction for Murder.
1. The prosecution proved accused-appellant’s guilt beyond reasonable doubt. All elements of Murder were established: (a) the victim was killed; (b) accused-appellant was positively identified by eyewitness Bonitillo as the killer; (c) the killing was attended by treachery; and (d) the killing was neither parricide nor infanticide. Treachery was present as the attack was deliberate and without warning. The victim was first shot in the arm, and while he was injured, kneeling, and holding his wound, accused-appellant deliberately approached and shot him in the chest, ensuring the execution without risk to himself and depriving the victim of any chance to defend himself.
2. The Information sufficiently alleged the qualifying circumstance of treachery. Contrary to accused-appellant’s claim, the Information specifically described the acts constituting treachery: that accused-appellant suddenly shot the victim without provocation and shot him again even when he was already kneeling down, thus depriving him of the opportunity to defend himself. This is distinguishable from cases where the Information merely stated the killing was “qualified by treachery” without factual details. Furthermore, even assuming a defect, accused-appellant is deemed to have waived it by failing to timely question the sufficiency of the Information before entering his plea.
The Court modified the damages in line with prevailing jurisprudence. Accused-appellant is sentenced to reclusion perpetua without eligibility for parole. He is ordered to pay the heirs of the victim P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. All monetary awards shall earn interest at 6% per annum from the finality of judgment until fully paid.