G.R. No. 139070 - People vs. Lee

On May 27, 1998, an Information was filed in RTC Caloocan City, Branch 127, Criminal Case No. C-54012 (98) charging Noel Lee with murder of Joseph Marquez on September 29, 1996, in Caloocan City, with treachery and evident premeditation, by firing a handgun at the victim’s head.
Accused-appellant pleaded not guilty.

Herminia Marquez (victim’s mother) testified that at about 9:00 PM she and Joseph were watching basketball on TV in their brightly lit living room. She saw Noel Lee peering through the transparent-glass window behind Joseph, raised a handgun, and fired five shots. Two hit Joseph’s head. He slumped, she dragged him out, and he died at MCU Hospital at 11:00 PM. She positively identified Lee as the shooter and incurred funeral expenses of ₱90,000.
PO2 Rodelio Ortiz examined the crime scene.
Dr. Rosaline Cosidon’s medico-legal report found two gunshot wounds—frontal and occipital—fracturing the skull, lacerating the brain, with deformed slugs recovered. Cause of death: intracranial hemorrhage.
Victim’s background: 26 years old, driver earning ₱250/day, left two minor children; lived two blocks from appellant; prior complaint by Herminia dismissed then reinstated by Secretary of Justice.

Accused-appellant and neighbor Orlando Bermudez testified that Lee was at home from 8:00–10:00 PM drinking and singing videoke, surrounded by family and household help; he retired at 10:00 PM and woke next morning unaware of any shooting.
Lee presented evidence of Joseph’s bad reputation (drug addiction and theft), including a letter by Herminia seeking mayoral rehabilitation for her son.

On June 22, 1999, the RTC found appellant guilty beyond reasonable doubt of murder with treachery and evident premeditation.
Imposed penalty: death; ordered payment of civil indemnity (₱50,000), actual damages (₱90,000), moral damages (₱60,000), exemplary damages (₱50,000), plus costs.
Case forwarded to Supreme Court for automatic review.

Appellant assigned five errors challenging witness credibility, failure to consider victim’s character, adequacy of physical evidence, procedural anomaly on window description, and imposition of the death penalty amid alleged reasonable doubt.

Whether the trial court erred in relying on Herminia Marquez’s testimony as credible and consistent.
Whether the trial court disregarded the victim’s bad character and possible other assailants.
Whether the identity of the assailant was established beyond doubt given the lapse from crime to trial.
Whether an inconsistency in the description of the window (“butas” vs. “bukas”) constituted a serious procedural anomaly affecting appellant’s rights.
Whether the extreme penalty of death was warranted in the presence of alleged reasonable doubt.