GR 131734; (March, 2002) (Digest)
G.R. No. 131734 ; March 7, 2002
People of the Philippines, plaintiff-appellee, vs. Pepito (Piting) Sebastian y Sindol, accused-appellant.
FACTS
On the night of June 3, 1991, during a pre-wedding celebration in Buguey, Cagayan, accused-appellant Pepito Sebastian approached the victim as he was about to enter the host’s house, stating he had been wanting to see him. The victim, sensing danger, was advised by friends to go home. When the victim’s group attempted to leave, accused-appellant and his cohorts blocked their way, forcing them to stay inside the host’s house. During the celebration, when a loud rock song was played, accused-appellant rushed to the victim and shot him in the abdomen, causing his death, after which accused-appellant fled. The accused-appellant denied the accusation, testifying he was dancing when he heard about the shooting and, upon running to the scene, saw the wounded victim being carried. The Regional Trial Court convicted him of Murder, sentencing him to reclusion perpetua and ordering him to pay P50,000.00 as death indemnity.
ISSUE
Whether the trial court erred in appreciating the qualifying circumstances of treachery and evident premeditation, and if accused-appellant should be convicted only of Homicide instead of Murder.
RULING
The Supreme Court affirmed the conviction for Murder but modified the damages. The trial court correctly appreciated the qualifying circumstance of treachery. The sudden and unexpected attack on the unarmed victim, timed with the blast of loud music, rendered the victim defenseless and unable to retaliate, fulfilling the elements of treachery. However, the Court found that evident premeditation was not sufficiently proven, as there was no evidence of prior planning, overt acts indicating a clung-to determination, or a sufficient lapse of time for reflection. With treachery present, the crime is Murder. Applying Article 64(1) of the Revised Penal Code, and with no mitigating or aggravating circumstances, the penalty was properly imposed in its medium period, reclusion perpetua. The Court affirmed the award of P50,000.00 as civil indemnity and added an award of P50,000.00 as moral damages.