G.R. No. 207516 - PEOPLE OF THE PHILIPPINES, V. AMBROSIO OHAYAS, ROBERTO OWAS, FLORENCIO RAPANA, CERELO BALURO, EDDIE YAGUNO, RUPO YAGUNO AND JERRY YAGUNO, ACCUSED. AMBROSIO OHAYAS, ACCUSED-.

Ruling

WHEREFORE, in view of the foregoing, the decision of Regional Trial Court of Toledo City, Branch 29, in Criminal Case No.TCS-3042, insofar as it finds Ambrosio Ohayas guilty beyond reasonable doubt of the crime of murder and sentences him to suffer the penalty of reclusion perpetua is AFFIRMED with the MODIFICATION that appellant is ORDERED to pay the heirs of Ambrosio Ohayas (sic) the amount of P50,000.00 as civil indemnity. The award of P50,000.00 as moral damages, is likewise AFFIRMED. The Court's Ruling We deny the appeal. The elements of the crime of murder are: (1) a person was killed; (2) the accused killed him or her; (3) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code (RPC); and (4) the killing is not parricide or infanticide. [4] In this case, these requisites have been established by the prosecution. Here, notwithstanding accused-appellant's attempt to highlight the inconsistencies, We find that the prosecution's witnesses were in unison in identifying accused-appellant as the person who shot Armando, Jr. Inconsistencies in the testimonies of witnesses, when referring only to minor details and collateral matters, do not affect the substance of their declarations or the veracity or the weight of their testimonies. Although there may be inconsistencies on minor details, the same do not impair the credibility of the witnesses where there is consistency in relating the principal occurrence and positive identification of the accused. [5] It was consistently testified to that the shooting happened so quickly, and that the witnesses' instinct were to seek cover from the bullets. Certainly, at such a sudden violent incident, this Court cannot expect the witnesses to focus on each and every specific detail of the incident. As aforesaid, what is relevant is the consistency in the testimony of the prosecution's witnesses to the effect that it was accused-appellant who shot the victim Armando, Jr. The inconsistencies in the testimonies of the prosecution's witnesses pointed out by accused-appellant with respect to the position of Armando, Jr., Lou and Sany, the number of shots fired against the victim, the reaction of accused-appellant's companions after the shooting, how the victim fell, and the exact location of the wounds, do not detract from the overwhelming testimonies of the prosecution's witnesses that accused-appellant came rushing from Sitio Ocampo and suddenly shot the victim. These inconsistencies are minor and inconsequential which even tend to bolster, rather than weaken, the credibility of the witnesses, for they show that such testimonies were not contrived or rehearsed. [6] As to the presence of treachery, We find that the prosecution sufficiently established its existence in the commission of the crime. There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend to directly a