GR 105671; (June, 1993) (Digest)
G.R. No. 105671 June 30, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANUEL MAGTULOY Y MONTARAY, accused-appellant.
FACTS
The accused-appellant, Manuel Magtuloy, was the live-in partner of Betty Mirallo Vda. de Caliwag and resided with her and her one-year-and-five-month-old son, Arturo Caliwag, Jr., in Kalookan City. On June 16, 1991, after a quarrel with the appellant because she planned to go to her province with her son, Betty left for work, leaving the child in the appellant’s care. When she returned, the child was dead. The appellant had brought the child to a neighbor, Cristituto Abrazaldo, saying, “Kuya, help me. If the child dies, I will be blamed.” Blood came out of the child’s mouth when Abrazaldo touched his stomach. The appellant then brought the child to the hospital, where he was pronounced dead. At the hospital, the appellant asked Betty for forgiveness. An autopsy revealed the child sustained a hematoma on the left chest and jaw from a blunt instrument, causing a heart laceration and internal bleeding. The victim’s aunt, Lydia Mirallo de Dios, testified that during the wake, the appellant intimated he had slapped the victim, causing him to hit the door and fall down the stairs. The appellant was charged with murder. The trial court convicted him based on circumstantial evidence and sentenced him to reclusion perpetua.
ISSUE
Whether the prosecution has satisfactorily proved the guilt of the appellant beyond reasonable doubt by circumstantial evidence.
RULING
Yes. The Supreme Court affirmed the conviction. The combination of circumstantial evidence was sufficient to produce a conviction beyond reasonable doubt. The crucial circumstances were: (1) the victim was not the appellant’s son; (2) the appellant had maltreated both the mother and the child on several prior occasions; (3) the appellant quarreled with the mother on the morning of the killing over her plan to leave; (4) the appellant and the victim were alone in the house at the time; and (5) the appellant asked for forgiveness from the mother at the hospital. The trial court correctly appreciated treachery as the victim was a child of tender years. However, the aggravating circumstances of abuse of superior strength (deemed absorbed in treachery) and evident premeditation (not proven) were erroneously appreciated. The penalty of reclusion perpetua was affirmed.