GR 133796; (August, 2003) (Digest)
G.R. Nos. 133796-97; August 12, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. BERNANDINO ALAJAY y MANGHINAYON, appellant.
FACTS
On the evening of January 29, 1994, Jennylyn Israel and Dorotheo Gabilan were at the Nestle Philippines factory compound in Cagayan de Oro City. They noticed appellant Bernandino Alajay observing them. When they moved to another spot, appellant approached, demanded Jennylyn be handed over, and upon Dorotheo’s refusal, struck Dorotheo on the head from behind with a piece of wood, rendering him unconscious. Appellant then choked Jennylyn until she lost consciousness. Upon regaining consciousness, Jennylyn found appellant on top of her, and he proceeded to have carnal knowledge of her against her will. Dorotheo died from his injuries days later.
Appellant was charged with Murder for the killing of Dorotheo and Rape for the sexual assault on Jennylyn. The Regional Trial Court found him guilty beyond reasonable doubt for both crimes and imposed the death penalty for each. The case was elevated to the Supreme Court for automatic review, where appellant challenged the qualifying circumstances and the imposition of the death penalty.
ISSUE
The primary issues were whether the qualifying circumstances of treachery and evident premeditation attended the killing to constitute Murder, and whether the death penalty was correctly imposed for the crimes of Murder and Rape.
RULING
The Supreme Court affirmed appellant’s conviction but modified the penalties. For Murder, the Court found treachery present as the attack on Dorotheo was sudden and from behind, ensuring the victim had no opportunity to defend himself. However, evident premeditation was not proven, as there was no evidence of sufficient time for appellant to reflect upon his criminal intent between seeing the victims and the attack. The crime was thus qualified as Murder by treachery alone. Regarding the Rape, the Court found the prosecution proved carnal knowledge through force, but the information did not allege any qualifying circumstance like the victim’s minority or the use of a deadly weapon. Consequently, the crime was simple rape.
Since neither crime was attended by any aggravating circumstance warranting the death penalty under Republic Act No. 7659 , the Supreme Court reduced the penalty for both Murder and simple Rape to reclusion perpetua. The awards for civil indemnity and damages were also modified and affirmed accordingly.