G.R. No. 245922 , January 25, 2021
PEOPLE OF THE PHILIPPINES, APPELLEE, VS. DANILO TORO Y DIANO @ “OTO”, APPELLANT.

FACTS

This is a Concurring Opinion by Justice Lopez in a case where the appellant, Danilo Toro y Diano, was convicted. The prosecution failed to establish the qualifying circumstances of evident premeditation and treachery for the crime of murder. Procedurally, the Information charging the accused was defective as it did not allege the factual averments constituting treachery, merely stating it as a conclusion of law, in violation of Sections 8 and 9 of Rule 110 of the Rules of Court. The accused is deemed to have waived this formal defect for failing to file a Motion to Quash or a Motion for Bill of Particulars. On the merits, the lone prosecution witness, the victim’s son, did not see the commencement or the full unfolding of the attack; he only chanced upon a momentary episode of the assault. The prosecution also failed to establish the essential requisites of evident premeditation.

ISSUE

Whether the qualifying circumstances of treachery and evident premeditation were proven beyond reasonable doubt to justify a conviction for Murder, or if the crime committed is only Homicide.

RULING

The crime committed is only Homicide under Article 249 of the Revised Penal Code. The prosecution failed to prove the elements of treachery beyond reasonable doubt. Specifically, there is reasonable doubt regarding the second element—whether the means of execution were deliberately or consciously adopted. The lone witness did not see how the aggression commenced, developed, or ended, thus creating doubt as to whether the attack was preconceived and deliberately adopted or was merely triggered by a sudden infuriation. The case of People v. Enriquez, Jr. is cited, where treachery cannot be appreciated if the lone witness did not see the commencement of the assault. Furthermore, evident premeditation was not established, as the prosecution failed to prove the time the accused determined to commit the crime, an overt act indicating he clung to that determination, and a sufficient lapse of time for reflection. Absent any qualifying circumstance, the crime is Homicide. The civil liabilities were properly imposed pursuant to People v. Jugueta.