G.R. Nos. 148145-46 ; July 5, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. FELIX VENTURA y QUINDOY and ARANTE FLORES y VENTURA, appellants.

FACTS

In the early hours of February 23, 2000, appellants Felix Ventura and Arante Flores forcibly entered the Bacolod City residence of spouses Jaime and Aileen Bocateja by cutting a hole in the kitchen door. Ventura, armed with a .38 caliber revolver, and Flores, armed with a knife, entered the couple’s ground-floor bedroom where they were sleeping. Ventura pointed the gun at Jaime, announced a hold-up, and struck him on the head. A struggle ensued over the gun, during which Flores, upon Ventura’s instruction, stabbed Jaime multiple times. Aileen, who had been awakened and was shouting for help, was then repeatedly stabbed by Flores. The appellants fled upon hearing the victims’ calls for help and the arrival of responding neighbors. They were subsequently apprehended by police, with the weapons recovered. Aileen died from her wounds, while Jaime survived after medical treatment.
The Regional Trial Court convicted appellants of Murder for the death of Aileen and Attempted Murder for the attack on Jaime. The cases were elevated to the Supreme Court on automatic review, with appellants arguing that the qualifying circumstances of treachery and evident premeditation were not proven beyond reasonable doubt and that the killing of Aileen was not intentional.

ISSUE

Whether the appellants are guilty beyond reasonable doubt of Murder and Attempted Murder, with the attendant qualifying and aggravating circumstances.

RULING

The Supreme Court affirmed the convictions. The killing of Aileen constituted Murder qualified by treachery. The attack was sudden and unexpected, executed in a manner that deprived the unarmed and sleeping victim of any opportunity to defend herself. The fact that she was stabbed while her husband was being subdued ensured that the means of attack were deliberately adopted to accomplish the crime without risk to the assailants. For the attack on Jaime, the crime is Attempted Murder, not Frustrated Murder, as the prosecution failed to prove that the wounds inflicted were fatal and that death was prevented solely by timely medical assistance. The element of intent to kill was, however, established by the nature and number of wounds inflicted.
The Court rejected the claim of lack of intent to kill Aileen, finding that the multiple stab wounds delivered to a vital area demonstrated a determined purpose to kill. The aggravating circumstances of dwelling, nighttime, and use of an unlicensed firearm were properly appreciated. Dwelling and nighttime were present as the appellants trespassed into the victims’ home at 2:00 a.m., deliberately seeking the cover of darkness. The use of an unlicensed firearm by Ventura was a separate aggravating circumstance. The penalty for Murder is reclusion perpetua to death. With three aggravating circumstances and no mitigating circumstance, the Supreme Court imposed the supreme penalty of death for the Murder of Aileen. However, pursuant to prevailing law, this was reduced to reclusion perpetua. The penalty for Attempted Murder was also affirmed.