G.R. No. L-36987-88 September 28, 1984
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO CATACUTAN y TARUC, accused-appellant.

FACTS

Pedro Catacutan was charged with murder for the killing of Ligaya Santos and frustrated murder for the wounding of Renato Licup. The prosecution evidence established that on the evening of August 22, 1971, after a block rosary procession in Tondo, Manila, the accused, with two armed companions, suddenly fired shots at the group of participants as they were leaving a house. Ligaya Santos was fatally shot, and Renato Licup was wounded. Eyewitnesses, including the victim’s daughter Leticia Santos and Licup himself, positively identified Catacutan as the gunman. The defense presented a different version, claiming the incident was a shootout between two groups, including one led by the victim’s son, but provided no corroborating evidence or police report to support this claim.
The trial court convicted Catacutan of murder qualified by treachery for the death of Santos and attempted murder for the injury to Licup, appreciating the aggravating circumstance of recidivism due to his prior conviction for murder and frustrated murder. The court imposed the death penalty for murder and a prison term for attempted murder. The murder case was automatically elevated to the Supreme Court for review, while the attempted murder conviction was appealed to the Court of Appeals, which was an erroneous venue given the jurisdictional rules for cases arising from the same occurrence.

ISSUE

The primary issues were: (1) the credibility of the prosecution witnesses and the sufficiency of evidence establishing Catacutan’s guilt; (2) the presence of treachery to qualify the killing as murder; and (3) the correctness of the penalties imposed, including the propriety of the death penalty.

RULING

The Supreme Court affirmed the convictions but modified the penalty. The Court found the prosecution witnesses credible, noting that minor discrepancies in their testimonies regarding the procession’s starting point did not undermine their consistent and positive identification of the appellant as the assailant. The defense’s alternative narrative was rejected for being uncorroborated and implausible, especially given the appellant’s failure to report the alleged ambush and his abandonment of his home immediately after the incident.
On the qualifying circumstance, the Court upheld the finding of treachery. The attack was sudden, without warning, and executed in a manner that ensured the victim had no opportunity to defend herself. The appellant, having a prior misunderstanding with the victim, positioned himself with armed companions, eliminating any risk to himself from return. This method constituted alevosia.
Regarding the penalties, the Court affirmed the sentence for attempted murder in Criminal Case No. 1262. For the murder conviction in Criminal Case No. 1261, the Court modified the death penalty to reclusion perpetua due to the lack of the necessary votes to affirm capital punishment. The indemnity to the heirs of Ligaya Santos was increased to P30,000.00. The Court also noted the procedural error in appealing the attempted murder case to the Court of Appeals, reminding the bar that the Supreme Court has appellate jurisdiction over all offenses arising from the same occurrence as a capital crime.