GR 134138; (June, 2001) (Digest)
G.R. No. 134138 , June 21, 2001
PEOPLE OF THE PHILIPPINES, appellee, vs. EDMUNDO BRIONES AYTALIN, appellant.
FACTS
The appellant, Edmundo Briones Aytalin, was charged with murder for shooting Eleazar Aquino several times with a .22 caliber revolver on December 23, 1990, in Quezon City. The Information alleged the killing was committed with evident premeditation and treachery. Upon arraignment, the appellant pleaded not guilty. The prosecution presented witnesses Antonio Ortega and Anacleto Reyes, who positively identified the appellant as the assailant. The victim died the following day. The prosecution evidence included the recovery of the firearm from the appellant, ballistics tests showing the slug from the victim’s brain was fired from that gun, and an autopsy report stating the cause of death was a gunshot wound to the head. The defense filed a demurrer to evidence, which was denied. The appellant then opted not to present evidence in his defense. The Regional Trial Court convicted him of murder and sentenced him to reclusion perpetua, ordering him to indemnify the victim’s heirs.
ISSUE
Whether the trial court erred in convicting the appellant of murder, specifically in appreciating the qualifying circumstances of evident premeditation and treachery to qualify the killing as murder.
RULING
The Supreme Court modified the trial court’s decision. It held that the prosecution failed to prove the qualifying circumstances of evident premeditation and treachery with the same degree of certainty as the killing itself. The Information alleged both circumstances, but the evidence did not establish how the attack commenced or that the appellant employed means to ensure the execution of the crime without risk to himself. Likewise, the elements of evident premeditation were not proven. Absent any qualifying circumstance, the crime committed was homicide, not murder. The appellant’s guilt for homicide was proven beyond reasonable doubt based on the positive identification by credible witnesses and corroborating physical evidence. The Court affirmed the conviction but for the crime of homicide, sentencing the appellant to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. The award of civil indemnity was increased to P50,000.00, and moral damages of P50,000.00 were also awarded.