GR 94130 32; (May, 1997) (Digest)
G.R. No. 94130-32 May 5, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUAN ISRAEL y BISMONTE, accused-appellant.
FACTS
Accused-appellant Juan Israel y Bismonte was charged with frustrated murder and two counts of murder for a stabbing incident on February 2, 1988. The prosecution evidence established that an argument erupted inside the Tramcar Accessories Shop between the Quiohilag brothers and a keysmith, Eric Espiritu. Later that afternoon, a fistfight ensued outside between Espiritu and Johnny Quiohilag. Peter Sy and Pablo Quiohilag intervened to pacify them. At this point, Israel, a friend of Espiritu, suddenly produced a balisong and stabbed Pablo Quiohilag, Johnny Quiohilag, and Peter Sy in quick succession, inflicting wounds on their left chest areas. Pablo and Johnny died from their injuries, while Peter Sy survived. Israel was apprehended nearby by a police officer. The trial court convicted Israel of two counts of murder and one count of frustrated murder, finding treachery in the attacks.
ISSUE
The core issue is whether the qualifying circumstance of treachery was proven beyond reasonable doubt to justify convictions for murder and frustrated murder.
RULING
The Supreme Court modified the convictions. It held that treachery was not sufficiently established. The legal logic requires that for treachery to qualify a killing as murder, the prosecution must prove that the means of execution were deliberately adopted by the offender to ensure the crime’s commission without risk to himself from any defense the victim might make. The Court found the attack was not preconceived. The evidence showed Israel arrived during a heated scuffle. The suddenness of the attack alone does not constitute treachery when the killing was not premeditated and the victims were not completely unaware and defenseless. The victims were participants in or intervenors to an ongoing physical altercation, and thus not entirely deprived of the opportunity to defend themselves. Consequently, the crimes committed against Pablo and Johnny Quiohilag were homicide, not murder. Regarding Peter Sy, the Court acquitted Israel of frustrated murder due to insufficient evidence; the prosecution failed to prove the nature and seriousness of Sy’s wound or that Israel had a specific intent to kill him. The civil indemnity for the deaths was increased to P50,000.00 each, but awards for loss of earning capacity were deleted for lack of evidentiary basis.