GR 73656; (October, 1989) (Digest)
G.R. No. 73656 October 5, 1989
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO VILLAPANDO y BUNSOL, defendant-appellant.
FACTS
The accused-appellant, Rogelio Villapando, was charged with Murder for the death of Saturno Romulo Manalo and Attempted Homicide for the stabbing of Alicia Beron and Ramon Tolentino. The incidents occurred on the evening of January 14, 1979, at a bus terminal in Batangas City. The prosecution evidence established that an argument ensued inside a bus between Manalo and Villapando. The altercation escalated outside the bus, where they exchanged fist blows. Villapando then suddenly pulled out a fan knife and stabbed Manalo. When Beron and Tolentino intervened to break up the fight, Villapando also stabbed them before fleeing. The trial court convicted Villapando of Murder and sentenced him to reclusion perpetua, and of Attempted Homicide for the injuries to Beron and Tolentino.
ISSUE
The primary issue is whether the qualifying circumstance of treachery was present to convict Villapando of Murder for the killing of Manalo. A secondary issue involves the proper classification of the crimes committed against Beron and Tolentino.
RULING
The Supreme Court modified the trial court’s decision. On the charge of Murder, the Court ruled that treachery was not sufficiently established. The prosecution failed to prove that the mode of attack was deliberately adopted by the accused to ensure the execution of the crime without risk to himself. The evidence showed that the stabbing occurred during a sudden quarrel that began with a fistfight. The attack was not proven to be so sudden and unexpected that the victim was rendered defenseless. Without treachery, the crime is Homicide, not Murder. The Court also found that the alleged aggravating circumstance of recidivism or reiteracion was not proven, as the records did not show the appellant had served a previous sentence for a relevant offense. Applying the Indeterminate Sentence Law, the penalty was modified to an indeterminate sentence of twelve years of prision mayor as minimum to seventeen years of reclusion temporal as maximum.
Regarding the charges for Attempted Homicide against Beron and Tolentino, the Court found no evidence of an intent to kill. The appellant stabbed them merely to incapacitate their intervention so he could continue his attack on Manalo. Absent intent to kill, the crimes are only slight physical injuries for Beron and less serious physical injuries for Tolentino. The corresponding penalties were imposed. The civil indemnity for Manalo’s death was increased to Thirty Thousand Pesos (P30,000.00).