G.R. No. 245922 - PEOPLE OF THE PHILIPPINES, VS. DANILO TORO Y DIANO @ "OTO".D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the court finds accused DANILO TORO Y DIANO @ OTO guilty beyond reasonable doubt of the crime of MURDER, and hereby sentences him to suffer the penalty of reclusion perpetua . Accused is also ordered to indemnify the heirs of Pascualito Castillo Espiña, Sr. the amount of P50,000.00 for his death and P30,000.00 by way of moral damages and to pay the costs. Issue an alias warrant for the arrest of SALVADOR CAHUSAY. [10] According to the trial court, treachery qualified the killing of Espiña, Sr. to murder. Espiña, Jr.'s eyewitness account of the incident sufficiently proved the presence of this qualifying circumstance. Helpless, Espitia, Sr. was then under Cahusay's clasp while appellant stabbed him to death. On the other hand, Espiña, Jr.'s narration failed to establish evident premeditation. It did not show when the offenders decided to commit the crime and the sufficient lapse of time between decision and execution which allowed them to reflect on their actions. The Proceedings before the Court of Appeals On appeal, [11] appellant faulted the trial court for rendering the verdict of conviction. He argued: First. He should only be convicted of Homicide for the prosecution's failure to sufficiently allege treachery in the Information. At any rate, treachery was not sufficiently proven since the lone prosecution eyewitness did not see how the alleged aggression commenced. Second. Only a gas torch illuminated the place of incident such that it was impossible for Espiña, Jr. to have positively identified him as the assailant. Third. Espiña, Jr.'s reaction after witnessing the incident ran counter to human experience. Ordinarily, a son who witnessed his father being stabbed would run for help. Instead of seeking help, Espiña, Jr. ran to inform his aunt about the incident. The Office of the Solicitor General (OSG), [12] on the other hand, defended the verdict of conviction. It countered that the prosecution sufficiently established the presence of treachery. Espiña, Jr., who was then only two (2) arm's length away, positively identified appellant as his father's assailant through the gas torch that illuminated the place of the incident. The Court of Appeals' Ruling Through its assailed Decision [13] dated August 16, 2018, the Court of Appeals affirmed. It held that the prosecution sufficiently established appellant's guilt. Evident premeditation was apparent when appellant and Cahusay invited Espiña, Sr. to a drinking spree, and in unison over a pre­hatched plan, they inflicted 33 fatal wounds on the victim. Too, the severity and number of wounds inflicted clearly showed treachery. The Court of Appeals increased the award of civil indemnity and moral damages to P100,000.00 each in accordance with People v. Jugueta . [14] The Present Appeal Appellant now prays anew for his acquittal. In compliance with Resolution dated June 3, 2019, [15] both appellant [16] and the OSG [17] manifested that in lieu of supplemental briefs, they were adopting th