G.R. No. 165399 - Lacson vs. Executive Secretary

An Information was filed against accused-appellant Mario Bulutano y Alvarez and co-accused Jhun Serad for the murder of Wilbert Augusto.
The accusatory portion alleged that on or about February 16, 1998, in Makati City, armed with wooden clubs and in concert with accomplices, the accused feloniously struck Wilbert, inflicting mortal wounds that directly caused his death.

At approximately 11:30 PM on February 16, 1998, a brawl broke out at the M. Aquino corner M.H. Del Pilar Streets in Barangay Rizal, Makati City.
The altercation involved members from two opposing groups, with initial confrontation occurring between Reynaldo Astrolavio, Mark Gil Desono, and individuals identified as Abeng, Jeremy, alias "Panot," among others.

As tensions escalated, a fight ensued after verbal provocations; Reynaldo and Mark Gil became engaged in physical combat.
Amid the confusion, accused-appellant Bulutano and co-accused Serad, along with their associates, were seen rushing toward the scene.

Reynaldo, who had taken cover, witnessed Serad striking Wilbert on the head with a piece of wood.
Eyewitness Allan Ramos observed that Bulutano, who appeared intoxicated and armed with improvised weapons, also participated by hitting Wilbert when he was already down.
Gerald Manaog, positioned a few meters away, corroborated that Wilbert was first struck by Serad and subsequently repeatedly beaten by Bulutano, affirming the sequence of events.

Bulutano claimed he was not involved in the murder, asserting that he was outside his house enjoying fresh air at the time of the incident.
He stated that he was later invited by Serad and other companions for a drink to celebrate a new job opportunity.

On his way to join the group at a friend Endy Tabing’s house, Bulutano encountered a separate melee.
He contended that upon arriving at the scene, he observed Endy already under attack and attempted to help by pacifying the brawl.
Bulutano maintained that he did not strike Wilbert and accused Serad as the sole individual responsible for the fatal blow.
He suggested that the adverse testimonies of the prosecution witnesses were motivated by personal animosity, allegedly stemming from a basketball rivalry.

Bulutano was arraigned on October 30, 2006, pleading "not guilty" to the crime charged.
After a trial on the merits, the RTC of Makati City found Bulutano guilty of murder beyond reasonable doubt and imposed reclusion perpetua.
The RTC also ordered the payment of civil indemnity and various damages to the heirs of the deceased.

The CA affirmed the RTC’s conviction, relying on the credibility of the eyewitnesses and the details of the incident.
The appellate court upheld the finding of treachery in the killing, which classified the crime as murder, although it later modified the award of damages.

Whether the CA erred in convicting Bulutano by finding that the evidence proved his participation in the killing beyond reasonable doubt despite alleged inconsistencies in the eyewitness testimonies.
Whether the minor discrepancies in the accounts of witnesses, such as the timing of arrival, should have resulted in a reasonable doubt as to Bulutano’s guilt.

Whether the trial and appellate courts improperly credited the qualification of treachery solely on the basis that Bulutano continued his assault on Wilbert after the victim was already down and defenseless.
Whether the nature of the attack was impulsive rather than premeditated, thereby negating the element of treachery.