GR 146308; (July, 2002) (Digest)
G.R. No. 146308 ; July 18, 2002
PEOPLE OF THE PHILIPPINES, appellee, vs. SIXTO PARAGAS Y DELA CRUZ and AMADO PARAGAS y ABALOS, appellants.
FACTS
Appellants Sixto and Amado Paragas were charged with Murder for the killing of Ferdinand Gutierrez. The Information alleged that on March 4, 1994, in Taguig, Metro Manila, the appellants, conspiring and confederating together and mutually helping one another, armed with a bladed weapon, with intent to kill and evident premeditation, attacked and stabbed Gutierrez, causing his death. During trial, prosecution witnesses testified that the victim and appellants were passengers in a jeepney. Sixto, after a nod from Amado, grabbed the victim and stabbed him. Amado then discouraged other passengers from chasing Sixto, pretending he would do so himself, but merely walked away. The defense consisted of denial and alibi, claiming they were arbitrarily arrested days after the incident.
ISSUE
Whether the crime committed is Murder or Homicide, considering the allegations in the Information and the evidence presented.
RULING
The Supreme Court modified the conviction from Murder to Homicide. The legal logic is anchored on the fundamental rule that qualifying circumstances must be specifically alleged in the Information to be validly considered for the purpose of qualifying the crime and imposing the higher penalty. In this case, while the Information alleged “evident premeditation,” it failed to specifically allege the qualifying circumstance of “treachery” (alevosia). The trial court, however, convicted the appellants of Murder based on a finding of treachery, which was proven during trial but not pleaded in the charge.
The Court emphasized that under Section 8, Rule 110 of the Revised Rules of Criminal Procedure, qualifying circumstances must be stated in the Information. A conviction for Murder requires that the qualifying circumstance be both alleged and proven. Since treachery was not alleged, it could not be used to qualify the killing as Murder, even if the evidence sufficiently established its presence. Consequently, without any other qualifying circumstance being properly alleged and proven, the crime is properly Homicide under Article 249 of the Revised Penal Code. The Court affirmed the factual findings of conspiracy and the appellants’ guilt but reduced the penalty to an indeterminate sentence of eight (8) years and one (1) day of prision mayor as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum. The awards for civil indemnity and moral damages were affirmed.