In the case of People vs. Cromwell Torres y Palis, the Supreme Court affirmed the conviction of the accused for murder, emphasizing the importance of treachery as a qualifying circumstance. The Court reiterated that for treachery to be appreciated, the means of execution must deprive the victim of any opportunity to defend themselves, and this method must be deliberately adopted by the assailant. This decision underscores the gravity of attacks that are sudden, unexpected, and leave the victim utterly defenseless, ensuring the perpetrator is held accountable for the heightened culpability of murder.

Sudden Attack: Did the Shooter’s Actions Constitute Treachery?

Cromwell Torres y Palis was convicted of murder for the death of Kim Kenneth Palumbarit. The prosecution presented evidence that on August 15, 2009, Torres shot Palumbarit from behind with an improvised shotgun while the victim was starting his motorcycle. Two eyewitnesses, Richard Gemao and Lalaine De Vera, testified to seeing the event unfold. The defense, however, argued that the prosecution failed to prove guilt beyond reasonable doubt and questioned the appreciation of treachery as a qualifying circumstance.

The Regional Trial Court (RTC) found Torres guilty, a decision affirmed by the Court of Appeals (CA). Both courts emphasized the presence of treachery, noting that the suddenness of the attack deprived Palumbarit of any chance to defend himself. Torres appealed to the Supreme Court, reiterating his arguments against the legality of his arrest, the credibility of the witnesses, and the existence of treachery.

The Supreme Court addressed the procedural issue of Torres’s arrest, stating that any objection to an arrest must be made before entering a plea. By voluntarily submitting to the court’s jurisdiction and participating in the trial, Torres waived his right to question the legality of his arrest. The Court cited People v. Alunday, which states:

The Court has consistently ruled that any objection involving a warrant of arrest or the procedure for the acquisition by the court of jurisdiction over the person of the accused must be made before he enters his plea; otherwise, the objection is deemed waived.

Turning to the substantive issues, the Supreme Court outlined the elements of murder as defined in Article 248 of the Revised Penal Code (RPC):

ART. 248. Murder. — Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;

The Court emphasized that the prosecution must prove beyond reasonable doubt that a person was killed, the accused killed them, the killing was attended by a qualifying circumstance such as treachery, and the killing was neither parricide nor infanticide. In this case, the death of Palumbarit and the absence of parricide or infanticide were undisputed. The critical point was whether the prosecution sufficiently proved that Torres was the killer and that the killing was committed with treachery.

The Supreme Court found the testimonies of Gemao and De Vera credible and consistent. They both identified Torres as the person who shot Palumbarit. The Court reiterated the importance of the trial court’s assessment of witness credibility, stating that the trial court is in the best position to evaluate testimonies and demeanor. The Court noted, “the trial court is in a better position to decide the credibility of witnesses, having heard their testimonies and observed their deportment and manner of testifying during the trial.”

Crucially, the Supreme Court affirmed the presence of treachery, elaborating on its requirements. To establish treachery, the prosecution must prove that the accused employed means of execution that gave the victim no opportunity to defend themselves, and that the means of execution was deliberate or consciously adopted. The Court highlighted the testimony indicating that Palumbarit was shot from behind without warning, leaving him no chance to retaliate or escape. Torres’s actions were deemed a deliberate strategy to ensure the success of the attack without risk to himself.

The defense pointed to alleged inconsistencies between Gemao’s affidavit and his testimony. However, the Court dismissed these concerns, citing People v. Dayaday:

x x x [T]his Court had consistently ruled that the alleged inconsistencies between the testimony of a witness in open court and his sworn statement before the investigators are not fatal defects to justify a reversal of judgment. Such discrepancies do not necessarily discredit the witness since ex parte affidavits are almost always incomplete.

The Court found that Gemao’s affidavit and testimony were consistent, with the testimony merely providing additional details not specified in the affidavit. Minor inconsistencies do not undermine the credibility of a witness when the core facts remain consistent. The failure to establish the exact number of people present during the commission of the crime was deemed a minor detail that did not weaken the prosecution’s case.

Considering all factors, the Supreme Court upheld the conviction for murder, finding no mitigating or aggravating circumstances. The penalty imposed was reclusion perpetua, and the Court adjusted the award of exemplary damages to P75,000.00 to align with current jurisprudence. The decision reinforces the principle that treachery significantly elevates the culpability of a crime when the attack is sudden, unexpected, and leaves the victim defenseless.

FAQs

What was the key issue in this case?	The central issue was whether the qualifying circumstance of treachery was correctly appreciated in the killing of Kim Kenneth Palumbarit by Cromwell Torres y Palis. The Court examined whether the attack was sudden and unexpected, depriving the victim of any means of defense.
What is treachery according to Philippine law?	Treachery exists when the offender employs means, methods, or forms in the execution of the crime that tend directly and specially to ensure its execution, without risk to the offender arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack on an unsuspecting victim.
Why was the legality of the arrest questioned?	The defense questioned the legality of the arrest, arguing it did not fall under permissible warrantless arrests. However, the Supreme Court ruled that the accused waived this objection by entering a plea and participating in the trial without raising the issue beforehand.
What damages were awarded to the victim’s heirs?	The heirs were awarded civil indemnity (Php 75,000.00), moral damages (Php 75,000.00), exemplary damages (increased to Php 75,000.00 by the Supreme Court), and actual damages (Php 78,612.50). All damages were subject to a 6% legal interest from the finality of the judgment until fully paid.
How did the court address inconsistencies in witness testimonies?	The court acknowledged minor inconsistencies between the witness’s affidavit and testimony but deemed them not fatal to the prosecution’s case. Affidavits are often incomplete, and the court gives more weight to testimonies given in open court where witnesses are subject to cross-examination.
What is the significance of ‘reclusion perpetua’ in this case?	Reclusion perpetua is the penalty imposed for murder when there are no mitigating or aggravating circumstances. It is a severe punishment, signifying imprisonment for life, although subject to certain conditions like parole eligibility after a certain period.
What must the prosecution prove to establish murder?	The prosecution must establish that a person was killed; the accused committed the killing; the killing was attended by a qualifying circumstance such as treachery; and the killing was not parricide or infanticide. All these elements must be proven beyond reasonable doubt.
How does this case affect future criminal proceedings?	This case reinforces the importance of timely objections to arrests and clarifies the elements required to prove treachery in murder cases. It serves as a reminder that voluntary submission to the court’s jurisdiction waives objections to the legality of an arrest.

In conclusion, the Supreme Court’s decision in People vs. Cromwell Torres y Palis reaffirms the critical role of treachery in determining the severity of criminal liability in murder cases. The ruling underscores the necessity of ensuring that attacks are not only proven but also that the circumstances surrounding them demonstrate the deliberate and unexpected nature that constitutes treachery.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines vs. Cromwell Torres y Palis, G.R. No. 241012, August 28, 2019