GR 128890; (May, 2000) (Digest)
G.R. No. 128890 . May 31, 2000.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDDIE MENDOZA Y PASAG, accused-appellant.
FACTS
Accused-appellant Eddie Mendoza, along with Johnny Sanchez (at large), was charged with the murder of Maximo Abellera. The prosecution’s eyewitness, Francisco Ignacio, testified that on February 16, 1996, while he and the victim were playing mahjong, Mendoza suddenly appeared from behind and hacked Abellera on the head with a bolo without any warning. Sanchez then followed, stabbing the fallen victim. Ignacio, a cousin of Mendoza, ran and reported the incident. The victim’s father confirmed his son’s death from multiple hack and stab wounds, and the medical examiner concluded the injuries were caused by sharp instruments, possibly by more than one assailant.
The defense presented a different version through witness Antonio Farnacio and Mendoza himself. They claimed an altercation occurred when Mendoza accidentally stumbled into the mahjong table, angering Abellera, who drew a knife. They alleged it was co-accused Sanchez who then hacked Abellera, and Mendoza fled. The trial court convicted Mendoza of murder qualified by treachery and abuse of superior strength, sentencing him to death and ordering him to pay damages.
ISSUE
Whether the trial court correctly convicted accused-appellant Eddie Mendoza of murder qualified by treachery.
RULING
Yes, the Supreme Court affirmed the conviction for murder but modified the penalty. The Court upheld the trial court’s assessment crediting the positive, clear, and consistent testimony of prosecution eyewitness Francisco Ignacio over the denial and alibi of the defense. Ignacio’s account, corroborated by medical findings, established that the attack was sudden and from behind, giving the victim no opportunity to defend himself. This manner of execution directly proves the qualifying circumstance of treachery (alevosia), which ensures the execution of the crime without risk to the assailant.
However, the Court found that the circumstance of abuse of superior strength was absorbed in treachery. Furthermore, no other aggravating or mitigating circumstances were proven. Under Article 63 of the Revised Penal Code, when the penalty prescribed for murder is a complex of two indivisible penalties (reclusion perpetua to death) and no modifying circumstances attend the crime, the lesser penalty of reclusion perpetua shall be imposed. Thus, the death penalty was reduced to reclusion perpetua. The award of damages was sustained.