GR 133993; (October, 1999) (Digest)
G.R. No. 133993 October 13, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO GABALLO, accused-appellant.
FACTS
The case involves the automatic review of the death penalty imposed by the Regional Trial Court of Dumaguete City on accused-appellant Antonio Gaballo for the crime of Murder. The victim was 14-year-old Amelita Cueco. On January 20, 1998, at around 6:30 a.m., two construction workers heard a girl scream and saw a man pulling a girl towards ipil trees along a shortcut road used by students of Dumaguete Science High School. Upon investigation, the victim was found dead. A Rambo-type knife and a bag were recovered. A barriomate of the appellant identified the bag and knife as belonging to him. Appellant was later apprehended aboard a vessel bound for Cebu. During his arraignment, while pleading not guilty to the crime of Murder as charged, appellant admitted to stabbing the victim once and throwing the knife a second time, which hit her, before running away. The trial court convicted him of Murder qualified by treachery and abuse of superior strength, and further aggravated by his being “high” on drugs, imposing the death penalty.
ISSUE
The primary issue is whether the trial court erred in convicting appellant of Murder and imposing the death penalty, particularly regarding the appreciation of the aggravating circumstance of being “high” on drugs.
RULING
The Supreme Court affirmed the conviction for Murder but modified the penalty. The Court held that the killing was attended by treachery, qualifying it as Murder. However, the Court found that the prosecution failed to prove that “rugby,” the substance appellant was allegedly under the influence of, is a dangerous drug as defined under Republic Act No. 6425 . Absent competent expert testimony to establish this, the aggravating circumstance under Section 17 of Batas Pambansa Blg. 179 (being under the influence of dangerous drugs) cannot be appreciated. With no other aggravating or mitigating circumstances, the proper penalty is reclusion perpetua. The award of P50,000.00 as civil indemnity to the victim’s heirs was affirmed.