GR 171735; (April, 2009) (Digest)
G.R. No. 171735 ; April 16, 2009
People of the Philippines, Appellee, vs. Alejo Obligado y Magdaraog, Appellant.
FACTS
Appellant Alejo Obligado was charged with murder for the killing of Felix Oliveros. The prosecution’s eyewitness, Roberto Bagaporo, testified that on the evening of March 12, 2000, during a drinking session, appellant stood behind the victim, grabbed his hair, and slashed his neck with a bolo from behind, causing the victim’s death. The medical examination confirmed a fatal incised wound on the neck, consistent with an intentional attack from behind. The defense claimed the killing was accidental, alleging that the victim initially pulled out the bolo and that appellant was merely grappling for its possession when the victim was slashed. The Regional Trial Court convicted appellant of murder, qualified by treachery, and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but appreciated the mitigating circumstance of voluntary surrender, modifying the damages awarded.
ISSUE
1. Whether the appellant is guilty of murder.
2. Whether the mitigating circumstance of voluntary surrender is present.
3. The proper determination of damages to be awarded to the victim’s heirs.
RULING
The Supreme Court affirmed appellant’s guilt for murder. The prosecution evidence established beyond reasonable doubt that appellant intentionally killed the victim with treachery, as the attack from behind deprived the victim of any opportunity to defend himself. The Court held that the mitigating circumstance of voluntary surrender was not present, as appellant was intercepted by police on the lone footpath to his residence, leaving him no option but to yield, making his surrender neither spontaneous nor voluntary. Regarding damages, the Court modified the awards: appellant was ordered to pay the victim’s heirs ₱75,000 as civil indemnity, ₱25,000 as temperate damages (in lieu of actual damages, as receipted funeral expenses were less than ₱25,000), ₱50,000 as moral damages (mandatory in murder cases), and ₱25,000 as exemplary damages (due to the presence of treachery). The penalty of reclusion perpetua was sustained.