GR 93805; (February, 1992) (Digest)
G.R. Nos. 93805-06 February 7, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAMIL BALATUCAN and THREE (3) JOHN DOES, accused-appellants.
FACTS
Accused-appellant Ramil Balatucan was charged with the murder of Jonnel Labao and the frustrated murder of Alex Balatucan. The prosecution evidence established that on the evening of March 18, 1988, during a barangay fiesta dance in Mobo, Masbate, an initial altercation occurred where Jaime Balatucan was boxed by Rudy Tugbo, who was in the company of the appellant. Later, as Jaime, his brother Alex, and the victim Jonnel Labao were walking on the highway after leaving the dance, appellant Ramil Balatucan rushed towards them. He stabbed Jonnel Labao, causing his instantaneous death. When Alex Balatucan tried to help Jonnel, appellant also stabbed Alex on the left forearm. Jaime Balatucan grappled with the appellant but failed to disarm him, only managing to tear a piece of his shirt. Prosecution witness Arturo Natividad corroborated the events, testifying that appellant had earlier declared an intent to stab someone.
ISSUE
The core issues on appeal were whether the crimes committed were murder and frustrated murder, and whether the penalties imposed by the trial court were correct.
RULING
The Supreme Court affirmed the appellant’s conviction but modified the penalties. The killing of Jonnel Labao was qualified by treachery, as the attack was sudden and unexpected, rendering the victim defenseless, thereby constituting murder. The Court applied the ruling in People v. Muñoz, noting that despite the constitutional prohibition on the death penalty at the time, the presence of qualifying circumstances like treachery still mandates the penalty of reclusion perpetua for murder. The award of civil indemnity was increased to P50,000.00 in line with prevailing jurisprudence.
For the frustrated murder of Alex Balatucan, the Court found that the appellant performed all acts of execution necessary to kill, but the victim’s death was prevented by timely medical intervention. The wound was potentially fatal, confirming the intent to kill. The penalty was modified to an indeterminate sentence of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. The award of P10,000.00 as damages for Alex Balatucan was sustained. The defense of alibi was correctly rejected by the trial court as it was not physically impossible for the appellant to have been at the crime scene.