GR 88189; (July, 1996) (Digest)
G.R. No. 88189 July 9, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TIBURCIO ABALOS, accused-appellant.
FACTS
The accused-appellant, Tiburcio Abalos, was convicted by the Regional Trial Court of the complex crime of direct assault with murder for the killing of Pfc. Sofronio Labine. The prosecution’s sole eyewitness, Felipe Basal, testified that on March 20, 1983, during a barangay fiesta, he witnessed a quarrel between appellant and his father, Police Major Cecilio Abalos. When the victim, a policeman on duty, arrived and saluted Major Abalos, the Major leveled his carbine at him. Appellant then swiftly procured a piece of wood and struck the unsuspecting Labine from behind, hitting him on the head and causing his death.
The defense presented a different version. Appellant admitted striking the victim but claimed he acted under a mistaken belief that his father was being attacked by a member of the New People’s Army (NPA) who was trying to disarm him. He asserted he did not recognize the victim as a policeman at that moment and surrendered upon learning the victim’s identity the next day.
ISSUE
The central issue is whether the trial court erred in convicting the appellant based primarily on the testimony of the lone prosecution witness, and in finding that the crime was attended by treachery.
RULING
The Supreme Court affirmed the conviction but modified the penalty and indemnity. The Court found no reason to disturb the trial court’s assessment of witness credibility. The testimony of the lone eyewitness, Felipe Basal, was found to be clear, consistent, and credible. His proximity to the event and the illumination from nearby houses allowed for a clear view. In contrast, the appellant’s claim of a mistaken identity defense was untenable. The victim was in police uniform and had saluted Major Abalos, making his identity as a law officer apparent. Appellant’s act of striking the victim from behind with a piece of wood, without any warning or opportunity to defend himself, constituted treachery, qualifying the killing as murder. The complex crime of direct assault with murder was thus proven. The penalty was properly modified to reclusion perpetua instead of “life imprisonment,” and the civil indemnity was increased to P50,000.00 in line with prevailing jurisprudence.