G.R. No. 215748 - PEOPLE OF THE PHILIPPINES, V. PAUL DURAN, JR. Y MIRABUENO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, treachery cannot be considered where the lone witness did not see the commencement of the assault." [44] (Emphasis supplied) In the case of People v. Rapanut , [45] the Court held: xxx [W]here the lone eyewitness did not see how the attack was carried out and he can not testify on how it began, the trial court cannot merely surmise from the circumstances of the case that treachery attended the commission of the crime. [46] (Emphasis supplied) In this case, there was no other circumstance attendant to the shooting that shows that Duran carefully and deliberately planned the killing in a manner that would ensure his safety and success. It was not proven that he had deliberately chosen the place, time, and method of killing, or that the meeting between him and Grimaldo was planned. In fact, the location was disadvantageous to him, as it was right in front of the house of Quilana, Grimaldo's godmother. The prosecution had attempted to prove treachery with the testimony of Quilana who stated that Duran had shot Grimaldo from behind. Thereafter, he left the crime scene yet returned to shoot Duran three more times. However, upon questions from the Court, the statement was clarified: COURT [(clarificatory questions for eyewitness Quilana)]: Q What do you mean returned, you mean to say that after shooting Gilbert Grimaldo this Paul Duran left away and then returned later on? A Yes, your Honor, he made sure that this Gilbert was already dead. Q Where did Paul Duran go after shooting Gilbert Grimaldo at the nape? A In between our houses, your Honor. x x x x Q Between your house and whose house? A And my nephew's house, your Honor. Q And how far is that spot from the place where he shot Gilbert Grimaldo? A One step away only, your Honor. Q So Paul Duran made one step back and then moved forward again to shoot Gilbert Grimaldo? A Yes, your Honor. [47] (Emphasis supplied) Quilana's testimony that Duran left and "returned" after shooting Grimaldo is contradicted by her own testimony that Duran only made one step. Duran could not have left the scene of the crime by only taking one step backward. In this regard, Duran's testimony as to the manner in which he shot Grimaldo is more credible as it is corroborated by the Post Mortem Report. Duran testified: Q So, after you got the 38 revolver, you shot this person? A I was able to shoot him, Sir. Q Where was he initially hit? A I am not sure but it was frontal, Sir. Q After you shot this person, what happened then? A After shooting him twice, he turned around and then I shot him again, Sir . COURT: Q How many times? A Once only, your Honor. Q So, all in all you shot Grimaldo 3 times? A 4 times, your Honor. Q When did you fire the fourth shot? A 3 times frontally, your Honor. Q And one at the back? A Yes, your Honor. Q And after firing him 4 times, what happened to Grimaldo? A I saw him fall down, your Honor. [48] (Emphasis and underscoring supplied) Meanwhile, the Post-Mortem Report [49] prepared by Dr.