GR 121993; (September, 1997) (Digest)
G.R. No. 121993 September 12, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NELSON AGUNIAS alias “BROD NEIL” and MANUEL ARANETA alias “WINGWING,” accused, NELSON AGUNIAS alias “BROD NEIL,” accused-appellant.
FACTS
The prosecution established that on the evening of November 23, 1993, in Cebu City, the victim Ferdinand Amor was drinking with friends when accused-appellant Nelson Agunias passed by. Amor offered him a drink, which Agunias declined. Shortly thereafter, a gunshot rang out. Prosecution witnesses testified they saw Agunias shoot Amor in the back from a close distance while Amor’s back was turned, after which Agunias tucked the gun into his waistline and walked away. The wounded Amor identified Agunias as his assailant before being rushed to the hospital, where he died from the gunshot wound. Agunias denied the accusation, claiming he was elsewhere at the time. The Regional Trial Court convicted Agunias of Murder, sentencing him to reclusion perpetua.
ISSUE
Whether the accused-appellant can be validly convicted of Murder despite the Information’s failure to specifically allege the qualifying circumstance of treachery.
RULING
No. The Supreme Court modified the conviction from Murder to Homicide. The Court emphasized the fundamental rule that an accused can only be convicted of the crime charged in the Information or of a lesser offense necessarily included therein. The Information in this case alleged that the accused, armed with a gun and with intent to kill, attacked and shot the victim, causing his death. It did not specifically allege the qualifying circumstance of treachery (alevosia). While the prosecution’s evidence—showing the victim was shot in the back without warning—sufficiently proved treachery, this qualifying circumstance cannot be appreciated to elevate the crime to Murder because it was not alleged in the Information. To convict for Murder, the Information must expressly state the qualifying circumstances. Treachery proven but not alleged can only be considered as a generic aggravating circumstance. Consequently, with the qualifying circumstance of treachery being ineffectual, the killing constitutes the lesser crime of Homicide under Article 249 of the Revised Penal Code. The Court affirmed the trial court’s factual findings on Agunias’s guilt but corrected its legal error in appreciating an unalleged qualifying circumstance, thereby reducing the penalty imposed.