GR 136861; (November, 2000) (Digest)
G.R. No. 136861 November 15, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BONIFACIO LOPEZ y MARCELLA @ OPRING, accused-appellant.
FACTS
Accused-appellant Bonifacio Lopez was charged with Murder complexed with Abortion for the killing of Gerarda Abdullah, who was full-term pregnant. The prosecution evidence established that on July 19, 1998, Lopez initially attacked the victim’s brother, John Frank Ramirez, and their mother, Librada Ramirez, with a knife inside their house. After being locked out, Lopez jumped the fence and barged into the bathroom where Gerarda was bathing. John Frank witnessed Lopez violently stabbing Gerarda. The victim managed to escape, but Lopez chased her, dragged her out of a jeep, and stabbed her repeatedly before fleeing. Gerarda and her unborn child died from multiple stab wounds, as confirmed by the autopsy report. Lopez claimed the stabbing was accidental during a struggle with John Frank.
ISSUE
Whether the trial court correctly convicted accused-appellant Bonifacio Lopez of the crime of Murder complexed with Abortion.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found the testimonies of the prosecution witnesses—Librada Ramirez, John Frank Ramirez, and an impartial bystander, Esteven Basi—to be credible and consistent. Their accounts were corroborated by the autopsy report detailing the victim’s numerous, severe stab wounds, which utterly belied Lopez’s claim of an accidental stabbing during a struggle. The nature, number, and location of the wounds demonstrated a determined effort to kill. The qualifying circumstance of treachery was present, as the attack on the defenseless, bathing victim was sudden and afforded her no opportunity to defend herself. The death of the unborn child, a full-term fetus, as a direct consequence of the stab wounds constituted the crime of abortion under Article 256 of the Revised Penal Code, complexed with the murder. The penalty of death was properly imposed. The Court, however, deleted the award of actual damages for lack of documentary proof but affirmed the awards of civil indemnity and moral damages.