G.R. No. 96928 June 16, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO GONZALES, accused-appellant.

FACTS

Accused-appellant Bernardo Gonzales was convicted by the Regional Trial Court of Caloocan City of the murder of Alberto de Guzman and sentenced to reclusion perpetua. The information alleged that on February 7, 1982, in Caloocan City, with deliberate intent, evident premeditation, and treachery, Gonzales attacked and stabbed de Guzman multiple times with a kitchen knife, causing his death. Gonzales pleaded not guilty. The prosecution presented three witnesses: Myrna de Guzman (victim’s mother), Juliana Flores (eyewitness), and Cpl. Paulino Batarina (investigator). Gonzales filed a demurrer to evidence, which was denied; he then waived his right to present evidence. The facts established that around 11:00 a.m. on February 7, 1982, the victim was sleeping in the driver’s seat of a parked jeepney on Katarungan Street, Bagong Barrio, Caloocan City, when Gonzales stabbed him several times. Juliana Flores, who was about two arms-length away, witnessed the attack. The wounded victim went to his house, informed his mother that Gonzales stabbed him, and repeated this while being taken to the hospital, where he died during surgery. Gonzales could not be found after the complaint was filed and was arrested only in January 1990.

ISSUE

1. Whether the testimony of eyewitness Juliana Flores is credible despite her delay in coming forward.
2. Whether the victim’s ante-mortem statement was properly admitted as a dying declaration.
3. Whether Gonzales’s flight is evidence of guilt.
4. Whether treachery was sufficiently established to qualify the killing as murder.

RULING

1. Yes. The delay of Juliana Flores in revealing her knowledge of the incident does not impair her credibility. Her explanation that she did not feel compelled to come forward immediately as there were other witnesses is acceptable, as eyewitnesses are often naturally reluctant to get involved. Her positive identification of Gonzales, made from a close distance, is reliable.
2. Yes. The victim’s statement to his mother identifying Gonzales as his assailant is admissible as a dying declaration. The nature and seriousness of his multiple stab wounds, the fact that blood was spurting from his chest, and his subsequent death shortly after at the hospital constitute adequate evidence that he was aware of his impending death when he made the statement.
3. Yes. Gonzales’s disappearance from his residence for about eight years, evading arrest despite warrants, is evidence of guilt. Flight to evade responsibility, whether immediately after the crime or later when police investigation closes in, supports an inference of guilt.
4. Yes. Treachery was sufficiently established. The attack was sudden and unexpected, directed at a victim who was unarmed and asleep in a parked jeepney, rendering him helpless and without any opportunity to defend himself or retaliate. This mode of attack constitutes treachery.
The appealed decision is AFFIRMED, with the modification that the civil indemnity for death is increased to P50,000.00.