GR 97229; (January, 1993) (Digest)
G.R. No. 97229 January 5, 1993
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDNA CORDERO Y PONTILAGA, accused-appellant.
FACTS
Accused-appellant Edna Cordero was charged with Murder for stabbing Aurora Medina on August 6, 1988, in Manila. The prosecution’s evidence, primarily from eyewitness Evelyn Cruz Serrano (the victim’s daughter) and Gloria Torres (the victim’s sister), established that Cordero went to the victim’s house looking for her husband, Ricardo Cordero, who was the victim’s live-in partner. Cordero hurled stones at the house and shouted. The victim invited Cordero inside. After a brief conversation between Cordero and her husband in the sala, a slapping sound was heard. Evelyn Serrano then saw Cordero pull out a sharp instrument from the victim’s stomach. The victim was brought to the hospital where she was pronounced dead. The trial court convicted Cordero of Murder, sentencing her to reclusion temporal maximum to reclusion perpetua and ordering her to pay indemnity and damages. Cordero appealed, arguing that the aggravating circumstances of evident premeditation and treachery were not proven.
ISSUE
Whether the trial court erred in appreciating the aggravating circumstances of evident premeditation and treachery to qualify the killing as Murder.
RULING
The Supreme Court modified the trial court’s decision. It held that neither evident premeditation nor treachery was proven. For evident premeditation, the prosecution failed to establish the time Cordero determined to commit the crime, an act manifesting she clung to that determination, and a sufficient lapse of time between the determination and execution. The events happened spontaneously following an altercation. For treachery, the lone eyewitness could not provide details on how the assault commenced, and the evidence showed Cordero initially declined the victim’s invitation to enter the house and slapped the victim before the stabbing, indicating a face-to-face confrontation. Consequently, the crime is Homicide, not Murder. The Court sentenced Cordero to an indeterminate penalty of 10 years and 1 day of prision mayor as minimum to 14 years, 8 months, and 1 day of reclusion temporal as maximum, and increased the civil indemnity to P50,000.00.