GR 32716 1997 (Digest)
G.R. No. L-32716 December 1, 1977
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO VENTURA Y TOLENTINO, defendant-appellant.
FACTS
Antonio Ventura appealed his conviction for the murder of Conrado Carlos. The prosecution established that Nicolas Alcantara, a druggist, was implicated by Carlos in a robbery and subsequently maltreated by police. Ventura, Alcantara’s compadre and a former undercover agent, assisted him. On January 28, 1969, at the Manila City Hall driveway, after learning a preliminary investigation involving Carlos was postponed, Ventura was pointed to Carlos by a companion. Ventura approached Carlos and, without warning, shot him five times at close range with a .38 caliber revolver, inflicting fatal wounds. Ventura then fled, changed clothes, informed Alcantara of the killing, received money, and went into hiding.
The case remained unsolved for nearly a year until Alcantara, fearing Ventura was blackmailing him, informed police that Ventura had confessed to the shooting. Police arrested Ventura on January 15, 1970, as he attempted to draw a revolver. He subsequently gave a detailed written confession, sworn before a fiscal, and voluntarily reenacted the crime. At trial, Ventura repudiated his confession, claiming duress, and alleged that Alfredo Alcantara was the actual killer, framing him under Nicolas Alcantara’s direction. A defense ballistics expert testified that bullets from the scene did not match Ventura’s gun but admitted the barrel could have been changed.
ISSUE
The core issue is whether the trial court erred in convicting Ventura of murder based on his extrajudicial confession and the evidence presented, despite his claims of coercion, mistaken identity, and lack of motive.
RULING
The Supreme Court affirmed the conviction. The Court found Ventura’s confession voluntary and credible, bearing earmarks of reliability as it was detailed, given under oath before a fiscal, and corroborated by a photographic record of its signing and the subsequent crime reenactment. His claim of police threats was deemed a “transparent concoction,” and his alternative theory implicating Alfredo Alcantara was an “eleventh hour fabrication” unsupported by evidence. The eyewitness testimony of Amado Bustamante positively identified Ventura as the gunman. The killing constituted murder qualified by treachery, as Ventura’s sudden and unexpected assault on the unsuspecting victim, who was reading a newspaper, ensured the execution without risk to himself. Evident premeditation was not proven. With no modifying circumstances, the penalty of reclusion perpetua was correctly imposed. The defense ballistics testimony was inconclusive, as the expert conceded the firearm could have been altered. The Court concluded the evidence left no reasonable doubt as to Ventura’s guilt.
