GR 268355 Lazaro Javier (Digest)
G.R. No. 268355 , June 10, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINGO BANGUILAN Y GULAN, ACCUSED-APPELLANT.
FACTS
The case involves the killing of John Paloma (John) by accused-appellant Domingo Banguilan y Gulan (Domingo). The narration of facts from eyewitness accounts states that the victim, John, was sitting and leaning on his manukan (chicken coop), oblivious to his surroundings. Domingo suddenly stabbed John in the left neck with a balisong. John shouted, “Ah!” and was later pronounced dead at the hospital. The autopsy revealed he sustained two fatal wounds: one on the left side of his neck and one on his left upper back. The prosecution’s evidence indicates Domingo was carrying a balisong, the attack was unprompted, and the victim was in a defenseless position.
ISSUE
Whether or not the qualifying circumstance of treachery attended the killing, thereby elevating the crime from Homicide to Murder.
RULING
In her Concurring and Dissenting Opinion, Justice Lazaro-Javier concurred with the verdict of conviction but dissented on the classification of the crime. She voted to find accused-appellant Domingo Banguilan y Gulan guilty of Murder, not Homicide, as the qualifying circumstance of treachery was present.
The ponencia (main decision) found the first requisite of treachery present—the victim was not in a position to defend himself. However, it held the second requisite lacking—that the offender deliberately chose a mode of attack to avoid risk or retaliation. The prosecution was deemed to have failed to prove Domingo consciously adopted his means of attack.
Justice Lazaro-Javier disagreed. She held that the second requisite refers to the accused’s state of mind, which must be judged by external overt acts. Domingo’s overt acts clearly showed he deliberately chose to stab John in fatal body parts to ensure death. The circumstances supporting this conclusion were: (1) Domingo was already carrying a balisong; (2) the attack was unprompted as John was merely sitting and oblivious; and (3) the placement and gravity of the wounds (left upper back and left neck) evinced a determined effort to kill. There was no prior altercation suggesting spontaneity. The suddenness of the attack from behind and the targeted fatal areas demonstrated a deliberate and conscious decision, satisfying the requisite of treachery.