G.R. No. L-27401 October 31, 1969
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIEGO BALONDO, defendant-appellant.

FACTS

The Court of First Instance of Leyte found Diego Balondo guilty of murder for killing his 16-year-old niece, Gloria Bulasa, and sentenced him to death. The case is on automatic review. The information alleged that on September 29, 1966, in Kawayan, Leyte, Balondo, with deliberate intent, treachery, and evident premeditation, assaulted and strangled Gloria Bulasa, inflicting multiple brutal injuries, including strangulation marks, incised wounds, and the loss of soft tissues from her thighs, legs, and feet, causing her instantaneous death. Several aggravating circumstances were alleged. Upon apprehension, Balondo readily admitted to the killing in written statements in the Visayan dialect, signed by him, and later reenacted the crime. His admissions were corroborated by sworn statements from the victim’s father and uncle. A post-mortem examination confirmed the injuries. During preliminary investigation before the municipal court and upon arraignment before the Court of First Instance, where he was assisted by counsel de officio, Balondo voluntarily pleaded guilty to the charge of murder. The trial court, based on the records and Balondo’s written admissions, found that he killed Gloria Bulasa after an argument over her cutting banana leaves, strangled and suffocated her, then sliced flesh from her thighs, legs, and shoulder, which he later barbecued and ate.

ISSUE

Whether the trial court erred in not subjecting the defendant to a psychiatric test to determine his sanity before rendering judgment.

RULING

The Supreme Court found no merit in the plea of counsel de officio for a psychiatric test. The record contained sufficient justification to conclude the defendant was not insane at the time of the crime. His several coherent, detailed, and consistent written admissions, his voluntary guilty plea before the municipal court, and his voluntary guilty plea upon arraignment before the trial court supported this conclusion. Furthermore, as the crime was committed more than three years prior, it was not possible to ascertain his mental condition at that time. The Court agreed with the trial court that the killing constituted murder, qualified by abuse of superior strength under Article 248 of the Revised Penal Code. It also found the commission was attended by two aggravating circumstances: disregard of the respect due the offended party on account of her sex, and deliberately augmenting the wrong by causing another wrong not necessary for its commission (the mutilation and cannibalism). The trial court erred in considering two other alleged aggravating circumstances (ignominy and relationship, as the victim was only a niece, not a relative covered by Article 15). One mitigating circumstance of voluntary plea of guilt was considered in the defendant’s favor. With two aggravating and one mitigating circumstance, but for lack of the required votes for death, the Supreme Court modified the penalty. The decision was modified to impose reclusion perpetua, an indemnity of P12,000.00 to the heirs of Gloria Bulasa, and costs.