G.R. No. 123056 - PEOPLE OF THE PHILIPPINES, VS. JUVY MARIBAO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, from the foregoing consideration, this Court is convinced beyond reasonable doubt that the accused killed Georgie Vilando with treachery. Consequently, the accused Juvy Maribao, is hereby convicted of the crime of Murder as qualified by treachery. There being no aggravating or mitigating circumstances claimed or proven, the accused is hereby sentenced to suffer the penalty of Reclusion Perpetua and to indemnify the heirs of the victim the amount of Fifty Thousand Pesos. The accused shall not suffer subsidiary imprisonment in case of insolvency. (pp. 22-23, Rollo.) Not satisfied with the above judgment, accused-appellant interposes the instant appeal on the sole ground that his conviction for murder is improper because the prosecution failed to prove the qualifying circumstance of treachery. The prosecution presented as witnesses Dr. Fe Mercado (Municipal Health Officer of Guihulngan, Negros Oriental), Ronnie Antonio, Pablito Estoconing, Juvy Vilando (the older brother of the victim), and Vivencia Vilando. Except for the testimony of the victims mother, Vivencia Vilando on the civil aspect of this case, the combined testimony of the other witnesses tends to establish that: On May 31, 1992, Pablito Estoconing and Juvy Vilando and his younger brother, Georgie Vilando, were at Pacuan, Libertad, Negros Oriental to buy dried fish and calamunggay as it was a tabo or market day. While Pablito and Juvy were drinking beer, Pablito saw accused Juvy Maribao and Oscar Calihan drinking liqour. Georgie did not drink because he was still very young. At around 5 oclock in the afternoon, the brothers Juvy and Georgie and Pablito decided to go home to Eli, La Libertad, Negros Oriental. Ronnie Antonio, who was also going home to Consumandig, La Libertad, walked a few meters behind them. Along the trail leading towards their home, they wer stopped by Oscar Calihan, with accused-appellant Juvy Maribao standing by the side of the trail. Calihan approached Pablito and asked him: Bay, are you going home? To which Pablito answered: Yes, I am going home because I have to pasture my cow. While Calihan and Pablito were conversing, accused Juvy Maribao went behind Georgie Vilando, placed his hand over the left shoulder of Georgie and simultaneously stabbed him twice on the chest with a hunting knife or plamengco. Shocked by the suddenness of the attack, Ronnie Antonio ran away (tsn, December 15, 1992, pp.7-11; September 29, 1994, pp. 8-9; January 27, 1995, pp. 6-7). Then accused-appellant Maribao walked towards Juvy Vilando and Pablito Estoconing. Pablito saw blood on the knife Maribao was holding and because Maribao kept advancing towards him, he threw a stone at Maribao but missed, so he ran away to the direction of his home. Juvy Vilando, also ran away upon seeing Maribao advancing towards them with a bloodied knife. The group left Georgie Vilando lying on the ground to seek help from their relatives but when they returned to the scene of the crime, th