GR 241012; (August, 2019) (Digest)
G.R. No. 241012 . August 28, 2019.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CROMWELL TORRES y PALIS, accused-appellant.
FACTS
On August 15, 2009, in Antipolo City, Kim Kenneth Palumbarit was about to start his motorcycle when accused-appellant Cromwell Torres, armed with an improvised shotgun (sumpak), approached him from behind. Prosecution witnesses Richard Gemao and Lalaine De Vera testified that appellant remarked “tarantado ka!” and then shot the victim. The attack was sudden, with the victim facing away and unable to mount any defense. The victim fell, and appellant walked away. The victim died from multiple gunshot wounds to the trunk, with the medico-legal officer noting the entry wounds were at the right posterior axillary region, consistent with an attack from behind. The defense presented only appellant, who denied involvement, claiming he was merely passing by when he heard a gunshot and was later arbitrarily arrested and maltreated by police.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for the crime of Murder, qualified by treachery.
RULING
The Supreme Court affirmed the conviction. The prosecution established all elements of murder through the credible and consistent testimonies of eyewitnesses Gemao and De Vera, which were corroborated by the medico-legal findings. The qualifying circumstance of treachery (alevosia) was sufficiently proven. The attack was executed deliberately from behind, at close range, while the victim was starting his motorcycle—an act that rendered him unarmed, unaware, and in no position to defend himself or retaliate. The manner of attack ensured the assailant’s safety from any defensive act, which is the essence of treachery. The Court upheld the factual findings of the lower courts, emphasizing that the assessment of witness credibility is best undertaken by the trial court. The defense of denial and alibi, uncorroborated and weak in the face of positive identification, deserved no weight. The penalty of reclusion perpetua was affirmed. The Court modified the damages, increasing exemplary damages to P75,000.00 in accordance with prevailing jurisprudence, while affirming awards for civil indemnity, moral damages, and actual damages, all with legal interest.