GR 240231; (November, 2019) (Digest)
G.R. No. 240231 , November 27, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CRESENCIANO ENOJO A.K.A. “OLPOK,” ACCUSED-APPELLANT.
FACTS
Accused-appellant Cresenciano Enojo was charged with three counts of murder for the killing of three minor children (Delfred, Alfred, and Chrocila Cuevas) and one count of frustrated murder for the wounding of their mother, Carmen Cuevas, on November 20, 1999. The prosecution’s version, based on the testimonies of neighbor Felix Montiil and victim Carmen Cuevas, was that the accused, in a fit of rage after learning one of the children hit his dog with a slingshot, confronted and threatened the child. When Carmen confronted him, he hacked her multiple times. He then proceeded to the victims’ house where he hacked the three children to death. Dr. Clemente Hipe IV testified that Carmen’s injuries were fatal but she survived due to timely medical attention. The defense version was that accused-appellant, while plowing, heard children crying and later encountered Carmen, who was armed and bloodied. She attacked him, and he swung his bolo in self-defense, accidentally hitting her. He denied killing the children.
ISSUE
Whether the Court of Appeals correctly affirmed the conviction of accused-appellant for three counts of murder and one count of frustrated murder.
RULING
The Supreme Court DISMISSED the appeal and AFFIRMED the Decision of the Court of Appeals dated December 19, 2017. The Court held that the prosecution proved accused-appellant’s guilt beyond reasonable doubt. For the three murders, the qualifying circumstance of treachery was correctly appreciated due to the victims’ tender age and defenselessness, which ensured the execution of the crime without risk to the accused. For the frustrated murder of Carmen Cuevas, the Court found that the qualifying circumstance of abuse of superior strength was present, as the attack was made by a man with a deadly weapon upon an unarmed and defenseless woman. The Court found no merit in the appeal and upheld the penalties and damages awarded by the Court of Appeals.