GR 137497; (February, 2004) (Digest)
G.R. No. 137497 ; February 5, 2004
PEOPLE OF THE PHILIPPINES, appellee vs. CHARLES JOY FLORES alias “Pok-Pok”, appellant.
FACTS
The prosecution established that on May 30, 1998, in Cabanatuan City, appellant Charles Joy Flores accosted Nathaniel dela Cruz, put an arm on his shoulders, and poked a knife at him. Nathaniel’s sister-in-law, Marissa, pleaded for his life. A struggle for the knife ensued, during which appellant stabbed Nathaniel. Nathaniel managed to run but tripped and fell. Appellant then chased him and repeatedly stabbed him while he was on the ground, causing his death. The defense presented an alibi, claiming appellant was elsewhere drinking at the time. The Regional Trial Court convicted appellant of Murder qualified by treachery and sentenced him to death.
ISSUE
Whether the trial court correctly appreciated the qualifying circumstance of treachery to convict appellant of Murder.
RULING
No. The Supreme Court affirmed the conviction but modified it to Homicide. Treachery requires that the means of execution be deliberately adopted to ensure the commission of the crime without risk to the assailant. The Court found that the initial attack, where appellant put his arm on the victim’s shoulder while poking a knife, did not constitute alevosia because the victim was not completely helpless and was able to engage in a struggle for the weapon. This struggle indicated that the victim was aware of the danger and could put up a defense, negating the element of surprise or inability to retaliate. The subsequent stabbing while the victim was fleeing and after he fell was a continuation of the initial aggression and did not constitute a distinct treacherous attack. Since treachery was not proven, the crime is Homicide under Article 249 of the Revised Penal Code. The penalty was reduced to an indeterminate sentence of ten years and one day of prision mayor maximum, as minimum, to seventeen years and four months of reclusion temporal medium, as maximum. The award of damages was modified to include P50,000.00 civil indemnity, P50,000.00 moral damages, and P25,000.00 temperate damages.