G.R. No. L-29210 October 31, 1969
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FREDDIE BRAÑA, defendant-appellant.

FACTS

On January 6, 1967, Corazon Tabaño was found by her mother in their house in Iloilo City, bleeding from multiple stab wounds, and died shortly after. The autopsy revealed five stab wounds, with the cause of death being shock due to hemorrhage. Freddie Braña was charged with murder qualified by evident premeditation and abuse of superior strength, aggravated by disregard of sex and dwelling.
The prosecution presented witnesses: Concepcion Tabaño (the victim’s mother) testified she saw Braña stabbing her daughter while saying, “So, you don’t want me? I better kill you.” Rafaela Fortaleza (the victim’s cousin) testified that Braña had threatened to kill Corazon if she accepted other suitors, with the last threat occurring on January 5, 1967. Patrolman Felipe Lorca and Andres Suarez testified that Braña, after the incident, stated he had stabbed himself after stabbing a woman.
The defense presented witnesses to establish that Braña and the victim were sweethearts. Braña testified that on the morning of January 6, 1967, he followed Corazon to her house, where an altercation ensued. He claimed Corazon first stabbed him after he jestingly raised his shirt, and that he then wrestled the knife away and stabbed her unknowingly while his vision was blurred.
The trial court found Braña guilty of murder, aggravated by dwelling and disregard of sex, and sentenced him to death. The case is under automatic review.

ISSUE

Whether the trial court erred in finding that the killing was qualified by the circumstance of evident premeditation.

RULING

The Supreme Court modified the decision of the lower court. It held that the evidence was insufficient to prove evident premeditation. The testimony of Rafaela Fortaleza regarding the threat alone was inadequate to establish the required elements of meditation, calculation, and reflection, or the specific time when the offender determined to commit the crime, acts indicating persistence, and a sufficient lapse of time for reflection.
However, the Court found that the killing was committed with treachery (alevosia), as the attack was sudden and unexpected, denying the victim any chance to defend herself. The number, location, and severity of the wounds indicated an intent to kill.
The Court appreciated the mitigating circumstance of voluntary surrender in favor of the accused, as he voluntarily presented himself to the police on March 31, 1967, notwithstanding that a warrant for his arrest had been issued earlier.
The crime is murder, punishable by reclusion temporal maximum to death. With the aggravating circumstance of dwelling offset by the mitigating circumstance of voluntary surrender, the penalty was imposed in its medium period. The decision was modified: the accused is sentenced to life imprisonment and to indemnify the heirs of the deceased in the sum of P12,000.00, and to pay the costs.