G.R. No. 249832, November 13, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MONICO BADILLO, ACCUSED-APPELLANT.

FACTS

Accused-appellant Monico Badillo was charged with Murder for the killing of Joseph Olbes on September 14, 2008, in Irosin, Sorsogon. The prosecution presented witnesses Salvador Fernandez and Jomel Escasinas. Salvador testified that while fishing near the victim’s house at around 7:12 p.m., he heard a noise, looked over a fence, and saw Badillo stabbing the victim several times in the stomach under the light from the kitchen. Jomel testified that he saw Badillo at the victim’s gate earlier that evening and later saw him leaving the house holding a blood-stained knife. The victim’s wife, Marilou Olbes, testified on the fact of death and expenses. The medical report indicated the cause of death as multiple injuries from hacking/stabbing. Badillo interposed the defense of denial and alibi, claiming he was in Batuan, Masbate, at the time of the incident, assisting his daughter. His cousins, Felipe Basig and Emilio Badillo, corroborated his alibi. The Regional Trial Court (RTC) convicted Badillo of Murder, qualified by treachery, and sentenced him to reclusion perpetua. The Court of Appeals (CA) affirmed the conviction but modified the offense to Homicide, finding treachery not proven, and imposed an indeterminate prison term. Badillo appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in convicting accused-appellant Monico Badillo of Homicide.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATION regarding the award of damages. The Court upheld Badillo’s conviction for Homicide. The positive and categorical identification of Badillo by the prosecution witnesses, who had no ill motive to testify falsely, prevailed over his defenses of denial and alibi, which were not substantiated by clear and convincing evidence. The Court agreed with the CA that the qualifying circumstance of treachery was not established, as the prosecution failed to prove that the mode of attack was deliberately adopted to ensure the killing without risk to the assailant. The crime was thus correctly classified as Homicide under Article 249 of the Revised Penal Code. The penalty imposed by the CA was within the range provided by law. The Court modified the damages awarded, increasing civil indemnity, moral damages, and exemplary damages to PHP 50,000.00 each, awarding temperate damages of PHP 50,000.00, and deleting the award for attorney’s fees due to lack of justification. All monetary awards shall earn legal interest at 6% per annum from finality of judgment until full payment.