G.R. No. L-23693 April 27, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUDY REGALA and DELFIN FLORES, defendants, RUDY REGALA, defendant-appellant.

FACTS

The defendants, Rudy Regala and Delfin Flores, were charged with murder for the killing of Sgt. Juan Desilos Jr., a Philippine Constabulary member, on June 13, 1964, in Masbate. The information alleged the killing was attended by treachery, evident premeditation, and nighttime, and constituted an assault upon an agent of a person in authority. Both pleaded not guilty. The prosecution presented eyewitness Erlinda Tidon, who testified that at a well-lit gate during a town fiesta, she saw Sgt. Desilos, who was regulating crowd flow at an exit, push accused Delfin Flores after instructing him not to use the exit as an entrance. She stated that appellant Rudy Regala, who was with Flores, then became angry, drew a knife, and stabbed Sgt. Desilos, who died from the wound. Tidon claimed she was about half a meter away during the incident.
The defense presented a different version, contending that a certain “Boy Pardo” was the assailant. The trial court convicted both defendants of murder qualified by treachery, appreciating the aggravating circumstances of nighttime and insult to a person in authority. The court sentenced them to death. On automatic review, the Supreme Court modified the trial court’s judgment.

ISSUE

The principal issue is whether the crime committed was murder or homicide, and whether the aggravating circumstance of insult or disregard of the respect due the offended party on account of his rank was correctly appreciated.

RULING

The Supreme Court modified the conviction from murder to homicide. The Court found that the prosecution failed to prove the qualifying circumstance of treachery. The attack was not shown to be deliberate and adopted to ensure the execution of the crime without risk to the assailant. The incident arose from a sudden altercation when the victim pushed the co-accused, and the appellant’s response was impulsive. Thus, the killing constituted homicide, not murder.
However, the Court affirmed the appreciation of the generic aggravating circumstance of contempt for or insult to a public authority. The Court held that Sgt. Desilos, as a PC sergeant performing official duty in maintaining order at a public event, was a “public authority” under Article 14(2) of the Revised Penal Code. The killing displayed a direct disregard for the respect due his rank and office. The Court also noted the aggravating circumstance of recidivism, as the appellant was a recidivist. With no mitigating circumstances, the penalty for homicide was imposed in its maximum period. The Court sentenced appellant Rudy Regala to an indeterminate penalty of twelve years of prision mayor as minimum to twenty years of reclusion temporal as maximum. The judgment was affirmed with modification.