G.R. No. 107495 July 31, 1995
People of the Philippines vs. Jose Villanueva y Andes

FACTS

Accused-appellant Jose Villanueva, a policeman, and his brother-in-law Carlo Uycoque were charged with the murder of Lucas Flores, a barangay tanod. On the evening of May 2, 1991, inside a DPWH compound in Manila, the victim was forcibly taken from his house by an armed man. His wife, Francisca, immediately heard gunshots. Rushing outside, she found her husband shot and saw appellant Villanueva and two other armed men standing over him. When she embraced the victim, appellant shoved her aside, pointed a gun at her, and threatened her life before fleeing with his companions. The autopsy revealed the victim sustained seven gunshot wounds, establishing the cause of death.
At trial, appellant interposed the defense of alibi, claiming he was at a police station at the time of the shooting. He also presented a witness, Veronica Venezuela, who testified she was with Francisca immediately after the incident and that Francisca did not initially name the assailants. The trial court rejected these defenses, convicted appellant of murder qualified by treachery, and sentenced him to reclusion perpetua. Appellant appealed, arguing the prosecution failed to prove his guilt beyond reasonable doubt and that the qualifying circumstance of treachery was not established.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of murder beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. The positive identification by eyewitness Francisca Flores, who had no ill motive to falsely testify, prevails over the weak defense of alibi. The Court found her testimony credible, straightforward, and consistent on material points, including her immediate recognition of appellant, whom she knew personally. Her failure to name the assailants to Veronica Venezuela immediately after the traumatic event does not destroy her credibility, as it is consistent with natural shock and fear. The defense of alibi must be rejected as the police station where appellant claimed to be was not so geographically distant as to preclude his presence at the crime scene.
Regarding the qualifying circumstance, the Court agreed with the trial court that treachery attended the killing. The attack was sudden and unexpected, denying the victim any opportunity to defend himself. The act of forcibly dragging the unarmed victim from his home and immediately shooting him constitutes alevosia. However, the penalty is reclusion perpetua, as the crime was committed before the effectivity of Republic Act No. 7659 . The civil indemnity of P50,000 is affirmed, but the award for actual damages is reduced to P15,000, the amount proven for funeral expenses.