GR 132310; (January, 2004) (Digest)
G.R. Nos. 132310 & 143968-69; January 20, 2004
PEOPLE OF THE PHILIPPINES, Appellee, vs. FELIPE DEMATE y LOGANA alias “Dodong Morales” and DANTE MORALES (At Large), Appellants.
FACTS
Appellants Felipe Demate and Dante Morales were charged with Murder for killing Jaime Ricablanca and Frustrated Murder for hacking his wife, Violeta. The prosecution established that Demate, courting the Ricablancas’ maid, Jimbie Alfaño, instructed her to unlock the house door at 3:00 a.m. on May 26, 1996. She complied. Demate then entered and repeatedly stabbed the sleeping Jaime. Violeta, awakened, rushed to the room and saw Demate astride her husband. Demate turned and hacked Violeta’s face before fleeing. Violeta saw Morales near the garage, who also fled. Jaime died; Violeta survived after medical treatment. The trial court convicted both appellants, sentencing them to death for Murder and imprisonment for Frustrated Murder. Demate appealed, conceding guilt but seeking conviction for the lesser crimes of Homicide and Frustrated Homicide, arguing the absence of qualifying circumstances.
ISSUE
Whether the crimes committed should be qualified as Murder and Frustrated Murder, or downgraded to Homicide and Frustrated Homicide.
RULING
The Supreme Court affirmed the convictions for Murder and Frustrated Murder but modified the penalties. The Court upheld the presence of treachery (alevosia) as a qualifying circumstance. The attack was sudden and deliberate, executed in a manner that ensured the victims had no opportunity to defend themselves. Jaime was asleep and helpless when assaulted. Violeta was attacked immediately upon encountering Demate, who had just killed her husband, leaving her no chance to resist or escape. This method directly and specially ensured the execution of the crimes without risk to the assailants.
The Court rejected the aggravating circumstance of nighttime, as it was not shown to have been deliberately sought to facilitate the crime. Evident premeditation was also not proven with concrete evidence of planning. Regarding penalty, the death penalty was reduced to reclusion perpetua, as the killing was not attended by any aggravating circumstance. The penalty for Frustrated Murder was imposed in the medium period of reclusion temporal, applying the Indeterminate Sentence Law. The Court awarded civil indemnity, moral damages, and actual damages to the heirs of Jaime Ricablanca and to Violeta Ricablanca.