GR 145993; (June, 2003) (Digest)
G.R. No. 145993 ; June 17, 2003
PEOPLE OF THE PHILIPPINES, Appellee, vs. RUFINO MALLARI y ILAG, Appellant.
FACTS
The prosecution’s evidence established that on July 7, 1996, in Sta. Rosa, Laguna, appellant Rufino Mallari, after a prior altercation, chased the victim Joseph Galang. When Galang fled, Mallari boarded an Isuzu Canter Elf truck, pursued him, and intentionally ran him over, causing Galang’s instantaneous death from crushing head injuries. Witnesses Liza Galang and Edgar Bawar testified to the deliberate nature of the attack, which followed an earlier attempt by Mallari and his brothers to stab the victim.
The defense presented a contrary version, claiming the incident was an accident. Mallari testified he was driving at normal speed when Galang suddenly appeared on the road, threw stones at the windshield, and caused him to lose control of the vehicle. He asserted he immediately surrendered at the municipal hall after the incident. The trial court rejected this defense, crediting the prosecution’s narrative and convicting Mallari of Murder qualified by the use of a motor vehicle, sentencing him to death.
ISSUE
The core issues were: (1) whether the killing constituted Murder or Homicide; (2) whether the use of a motor vehicle was properly appreciated as a qualifying circumstance; and (3) whether the mitigating circumstance of voluntary surrender was present.
RULING
The Supreme Court affirmed the Murder conviction but modified the penalty. The Court upheld the trial court’s assessment of witness credibility, finding the prosecution’s version more credible and consistent. The use of a motor vehicle was correctly treated as a qualifying circumstance under Article 248 of the Revised Penal Code, as the truck was not merely incidental but was deliberately employed as the direct instrument to kill the victim, ensuring his helplessness.
However, the Court found the presence of the mitigating circumstance of voluntary surrender, as Mallari proceeded to the municipal hall without delay after the incident. This circumstance, offset by the aggravating circumstance of use of a motor vehicle, resulted in the imposition of the lesser penalty of reclusion perpetua instead of death, pursuant to the rules on the application of indivisible penalties. The awards for damages were also modified accordingly. The decision of the trial court was thus affirmed with modifications.