G.R. No. 212156 . June 20, 2018.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. GERRY AGRAMON, ACCUSED-APPELLANT.

FACTS

Accused-appellant Gerry Agramon was charged with Murder for the stabbing death of Pelita Aboganda on December 24, 2005. The prosecution’s version, as testified to by the victim’s common-law husband Roger Agramon (Gerry’s brother), was that Gerry, appearing drunk and armed with a bladed weapon, entered their dwelling yelling threats. He stabbed Roger, and when Pelita intervened to shield Roger, Gerry stabbed her in the chest, causing her death. Gerry then chased Roger to the barangay hall, where he was later arrested.
Gerry interposed self-defense, claiming Roger first attacked him with a bolo due to a prior dispute over damaged plants. He alleged he used a scythe to defend himself and that Pelita was accidentally hit when she used her body to protect Roger. The Regional Trial Court convicted him of Murder, finding treachery and evident premeditation, and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the ruling, holding that only evident premeditation was established, not treachery.

ISSUE

Whether the Court of Appeals erred in affirming Gerry Agramon’s conviction for Murder.

RULING

The Supreme Court modified the conviction from Murder to Homicide. The Court held that the prosecution successfully proved Gerry killed Pelita, but the qualifying circumstances of treachery and evident premeditation were not established beyond reasonable doubt. For treachery to qualify a killing as murder, the attack must be sudden and unexpected, denying the victim any chance to defend themselves. The Court found that the victims, Roger and Pelita, were aware of the imminent danger as Gerry had already made threats and attacked Roger first, giving them forewarning. Thus, the manner of attack was not treacherous.
Regarding evident premeditation, the Court ruled it was not proven. The elements—the time the accused determined to commit the crime, an act manifestly indicating persistence, and a sufficient lapse of time between the decision and execution—were not established. The fact that several hours lapsed from a morning altercation to the evening incident, and that Gerry was armed with work tools, did not conclusively show cool and deliberate planning to kill Pelita specifically. With both qualifying circumstances absent, the crime is Homicide. The Court sentenced Gerry to an indeterminate penalty of 8 years and 1 day of prision mayor as minimum to 14 years, 8 months, and 1 day of reclusion temporal as maximum, and ordered him to pay damages to Pelita’s heirs.