GR 97610; (February, 1993) (Digest)
G.R. No. 97610 February 19, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PERFECTO BRIONES, accused-appellant.
FACTS
The accused, Perfecto Briones, was charged with murder for the killing of Nida Romano on March 28, 1988, in Cebu City. The prosecution’s evidence established that on the evening of the incident, twelve-year-old Marilyn Merced was in the house with the victim and the accused. After being asked to buy coke, Marilyn left the house briefly. Upon her return, she heard screaming, entered the house, and witnessed a half-naked man stabbing Nida Romano repeatedly in the toilet. Marilyn ran out for help and was subsequently grabbed by the accused, who was half-naked and blood-stained. Neighbors, the Rizarri brothers, saw the accused in this state. The victim suffered forty-two stab wounds. The next morning, the homeowner found a blood-stained screwdriver and knife outside the compound, which the NBI confirmed had human blood. The accused claimed he was attacked by two intruders who stabbed the victim, but the trial court found the prosecution’s version credible and convicted him of murder.
ISSUE
Whether the accused is guilty of murder or homicide, specifically whether the qualifying circumstances of treachery and evident premeditation were proven beyond reasonable doubt.
RULING
The Supreme Court modified the trial court’s decision. It held that the prosecution failed to prove the qualifying circumstances of treachery and/or evident premeditation as alleged in the information. Treachery cannot be deduced from mere presumption or speculation, and evident premeditation requires clear proof of the time the offender determined to commit the crime, an act manifesting this determination, and sufficient time for reflection—none of which were established. Absent these circumstances, the crime committed is homicide, not murder. The Court found the accused guilty beyond reasonable doubt of homicide and sentenced him to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and increased the indemnity to the heirs of Nida Romano to P50,000.00.