G.R. No. 132318 . July 6, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO MUERONG y FAJARDO, accused-appellant.

FACTS

Accused-appellant Fernando Muerong y Fajardo was charged with Murder for stabbing Rudy Pascua on January 13, 1996, in Gerona, Tarlac. The prosecution evidence established that in the afternoon of said date, the victim Rudy Pascua, Ricardo Madriaga, Sergio Cadiente, and Florante Facun were drinking gin at a store near a wedding celebration. Appellant arrived later and joined the group. When it was his turn to drink, he poured the remaining liquor from the glass onto Pascua’s head twice. Pascua did not retaliate, and some persons brought appellant home, about 100 meters away. After about an hour, appellant returned, and without anyone noticing his approach, suddenly stabbed Pascua from behind with a kitchen knife, hitting him on the left chest. Pascua was brought to the hospital but was dead on arrival due to hemorrhagic shock from the stab wound. Appellant admitted to stabbing Pascua but claimed he did so because Ricardo Madriaga and Sergio Cadiente had boxed him earlier when he refused to finish his drink, and he thought Pascua was one of those who mauled him. The Regional Trial Court found him guilty of Murder qualified by treachery and sentenced him to reclusion perpetua.

ISSUE

Whether the killing was attended by treachery and evident premeditation to qualify it as Murder.

RULING

The Supreme Court affirmed the conviction for Murder but found that evident premeditation was not proven. The prosecution failed to establish the elements of evident premeditation: the time the offender determined to commit the crime, an act manifesting he clung to his determination, and a sufficient lapse of time to reflect. However, treachery was present. Treachery exists when the offender employs means of execution that give the person attacked no opportunity to defend or retaliate, and such means are deliberately adopted. The attack was sudden and unexpected; appellant returned an hour after the initial incident, approached from behind without being noticed, held Pascua’s hair, and stabbed him. This method ensured the execution without risk to appellant and deprived Pascua of any chance to defend himself. The fact that appellant had earlier poured gin on Pascua did not forewarn him of a lethal attack, as no retaliation occurred then, and the group did not expect appellant to return to stab Pascua. The crime is Murder under Article 248 of the Revised Penal Code, qualified by treachery. The penalty of reclusion perpetua was affirmed. The Court also modified the damages, ordering appellant to pay an additional P50,000.00 as moral damages to the heirs of the victim.