GR 142905; (March, 2002) (Digest)
G.R. No. 142905 March 18, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMIL GUTIERREZ @ “AMIL” and ROBERTO ESPAÑA @ “BETH”, accused-appellants.
FACTS
Accused-appellants Ramil Gutierrez and Roberto España were convicted of Murder for the killing of Lopito Fernandez. The prosecution evidence established that on the night of February 28, 1994, after a party, España was driving Gutierrez home on a hand tractor when Fernandez’s unlit tricycle rammed into it. España immediately alighted, beat Fernandez, and then repeatedly stabbed him while the victim pleaded for mercy. As Fernandez lay prostrate, Gutierrez struck him twice on the head with an empty bottle. The victim died from brain damage and hypovolemic shock due to multiple stab wounds. Both accused fled the scene. At trial, each appellant blamed the other for the stabbing, presenting contradictory defenses of denial and alibi.
ISSUE
The core issues were whether the prosecution proved guilt beyond reasonable doubt and whether the killing was qualified by treachery to constitute Murder.
RULING
The Supreme Court affirmed the convictions but modified the penalties. The Court found the prosecution evidence, including credible eyewitness testimony, sufficient to establish conspiracy. The appellants’ acts of stabbing and bludgeoning the victim demonstrated a unity of purpose to kill. The Court ruled that treachery was present. The attack was sudden and unexpected, denying Fernandez any opportunity to defend himself. España’s immediate assault upon alighting from the tractor, followed by the stabbing of a pleading victim who was already beaten, ensured the execution of the crime without risk to the assailants. However, the Court held that the qualifying circumstance of abuse of superior strength was absorbed in treachery. As the crime was committed in 1994 before the effectivity of Republic Act No. 7659 , the penalty for Murder was reclusion temporal maximum to death. With no mitigating or aggravating circumstances, the penalty imposed was reclusion perpetua. The death penalty imposed by the trial court on España was reduced accordingly. The Court increased the award for moral damages to P50,000.00 in addition to civil indemnity.