GR 88098; (June, 1991) (Digest)
G.R. No. 88098; June 26, 1991
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FEDERICO TORIBIO alias “FEDING”, defendant-appellant.
FACTS
An Information charged Federico Toribio and three others with the murder of Romulo Sonio. The prosecution evidence established that on August 3, 1985, the victim was tapping tuba from a coconut tree. His wife, Mercedita Sonio, who had been with him, returned to their house upon his instruction. Shortly after, she heard a gunshot and the victim’s cry for help. Rushing back, she saw appellant Federico Toribio aiming a shotgun (“pugakhang”) at Romulo, who was still atop the tree. Appellant fired again, causing Romulo to fall approximately twelve feet to the ground. The victim’s brother, Gerardo Sonio, confronted appellant, who then pointed his gun at Gerardo threateningly before fleeing with his companions. Romulo Sonio died from multiple gunshot wounds.
The Regional Trial Court convicted only appellant Federico Toribio of murder qualified by treachery, sentencing him to reclusion perpetua and ordering him to pay indemnity. His co-accused were acquitted for insufficiency of evidence of conspiracy. Appellant appealed, challenging the weight given to the prosecution’s evidence and the finding of guilt beyond reasonable doubt.
ISSUE
Whether the trial court erred in convicting appellant Federico Toribio of murder qualified by treachery.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, particularly Mercedita Sonio, who positively identified appellant as the assailant. Her testimony was found clear, consistent, and credible, and her relationship to the victim did not impair her credibility. The defense of alibi, claiming appellant was at a different barangay, was properly rejected for being weak and uncorroborated by credible witnesses.
On the qualifying circumstance of treachery, the Court agreed with the trial court’s finding. The attack was sudden and deliberate, ensuring the victim’s defenselessness. The victim was shot while perched on a coconut tree, unable to evade or defend himself. The trajectory of the bullets, as established by the autopsy report, confirmed the victim was at a higher level than the gunman, proving he was attacked from below while in a vulnerable position. This manner of execution directly and specifically ensured the execution of the crime without risk to the assailant. The Court modified the award of civil indemnity to the heirs of the victim to Fifty Thousand Pesos (P50,000.00) in line with prevailing jurisprudence.