GR 135975; (August, 2002) (Digest)
G.R. No. 135975 ; August 14, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO ABADIES, accused-appellant.
FACTS
On December 25, 1995, at around 2:00 a.m. in Barangay Cadaohan, Ormoc City, Cecilio Roldan was celebrating Christmas Eve at the balcony of his house with his wife Cynthia, their son, and a neighbor. Accused-appellant Bonifacio Abadies, the victim’s uncle, approached Cecilio from behind and, without warning, shot him with a short firearm. The victim was hit on the upper back and died. Prosecution witnesses, including the victim’s wife and brother, positively identified Abadies as the assailant. The brother testified that Abadies had threatened to kill the victim the previous day due to a dispute over a lease payment. The accused-appellant admitted the shooting but claimed it was accidental, occurring during a struggle for the gun. The Regional Trial Court convicted him of Murder, qualified by treachery and aggravated by evident premeditation, and imposed the death penalty.
ISSUE
Whether the trial court erred in imposing the death penalty by finding that the aggravating circumstance of evident premeditation was proven beyond reasonable doubt.
RULING
The Supreme Court AFFIRMED the conviction for Murder but MODIFIED the penalty. The Court upheld the finding of treachery, as the attack was sudden, from behind, and without warning, while the victim was unarmed and unaware, ensuring its execution without risk to the assailant. However, the Court found that the aggravating circumstance of evident premeditation was not proven beyond reasonable doubt. The essential elements—the time the accused determined to commit the crime, overt acts showing he clung to this determination, and a sufficient lapse of time for reflection—were not established. The accused’s prior threat, without more, was insufficient to prove deliberate planning. With no aggravating circumstance, the proper penalty under Article 248 of the Revised Penal Code, as amended, is reclusion perpetua. The awards of civil indemnity (P50,000.00), moral damages (P50,000.00), and actual damages (P25,000.00) to the victim’s heirs were affirmed.