GR 131804; (February, 2003) (Digest)
G.R. No. 131804 ; February 26, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO OSTIA @ “ROBERT”, accused-appellant.
FACTS
On May 13, 1995, at around 7:00 p.m., Roberto Ostia was seen by witness Rufo Legaspi carrying four-year-old Beverly Onato on his shoulder, walking towards the poblacion with another child. About an hour later, Beverly’s mother, Edita, noticed her daughter missing. When she confronted Ostia, who returned without the child, he fled. The search for Beverly ended the next day when her body was found near a copra kiln. An autopsy revealed lacerated wounds in her genitalia and other injuries, with the cause of death being cardio-respiratory arrest due to severe hemorrhage. The doctor opined the genital wounds could have been caused by a blunt object like a penis.
An Information for Rape with Homicide was filed. During trial, the prosecution and the victim’s father agreed to Ostia’s offer to plead guilty to the lesser offense of Murder. The trial court accepted his plea and convicted him of Murder qualified by treachery, sentencing him to reclusion perpetua and ordering civil indemnity. Ostia appealed, arguing the prosecution failed to prove the qualifying circumstance of treachery.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s finding that the killing was attended by treachery, thereby qualifying the crime as Murder.
RULING
The Supreme Court affirmed the conviction for Murder but modified the basis for the qualifying circumstance. The Court held that treachery was not sufficiently proven. The prosecution failed to establish how the attack commenced, as there were no eyewitnesses to the actual killing. The mere fact that the victim was a defenseless child does not automatically constitute treachery; the manner of execution must be shown to have been deliberately adopted to ensure the attack without risk to the assailant.
However, the Court found the killing was qualified by abuse of superior strength. This circumstance was deemed inherent in the commission of the crime. The four-year-old victim was utterly defenseless against the adult accused. The nature of the genital injuries and the fatal violence employed clearly indicated Ostia took advantage of his physical superiority to consummate the crime. Abuse of superior strength absorbs the aggravating circumstance of disregard of sex and age. The penalty of reclusion perpetua was affirmed. The award of civil indemnity was sustained, and moral damages were additionally awarded.