G.R. Nos. L-40367-69 August 22, 1985
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PACITO STO. TOMAS, accused-appellant.

FACTS

On the evening of May 23, 1967, Pacito Sto. Tomas arrived at his in-laws’ residence in Donsol, Sorsogon, demanding that his wife, Salvacion Grulla, and their children accompany him to Legaspi City. A confrontation ensued in the sala involving Sto. Tomas, Salvacion, and her mother, Consolacion Vda. de Grulla. Consolacion refused the request, stating her daughter could no longer endure Sto. Tomas’s jealousy, and Salvacion also declined, citing their infant child’s illness. Subsequently, a series of gunshots erupted. Natividad Grulla, Salvacion’s younger sister, witnessed Sto. Tomas firing at Salvacion. She then saw her mother, Consolacion, motionless on a chair and Salvacion prostrate on the floor. As Natividad pleaded for her sister’s life, Sto. Tomas reloaded his gun. Fearing for her life, Natividad attempted to flee to her bedroom but was shot in the back by Sto. Tomas, sustaining serious injuries.
Three criminal cases were filed against Sto. Tomas: for Parricide (Salvacion’s death), Murder (Consolacion’s death), and Frustrated Murder (Natividad’s shooting). The trial court convicted him on all counts. On appeal, Sto. Tomas raised multiple errors, including the sufficiency of evidence proving his marital relationship with Salvacion, the credibility of Natividad as an eyewitness, the presence of qualifying and aggravating circumstances, and the propriety of the damages awarded.

ISSUE

The core issues for resolution were: (1) whether the prosecution proved beyond reasonable doubt the elements of the crimes charged, particularly the marital relationship for parricide; (2) whether the qualifying circumstance of treachery and the aggravating circumstances of abuse of superior strength and dwelling were correctly appreciated; and (3) whether the awards for damages were proper.

RULING

The Supreme Court affirmed the conviction but modified the penalties and damages. On the first issue, the Court held that the prosecution successfully established the marital bond between Sto. Tomas and Salvacion through their marriage contract and the testimony of their child, satisfying the element for parricide. Natividad’s eyewitness account was found credible and sufficient for conviction, negating the claim of purely circumstantial evidence.
Regarding the second issue, the Court ruled that treachery was not proven in the killing of Consolacion, as there was no evidence detailing the manner of attack. Thus, the crime was downgraded from Murder to Homicide. The aggravating circumstance of dwelling was correctly applied, as the crimes were committed in the victims’ home, an act of special reproach. However, abuse of superior strength was absorbed in treachery where the latter was present.
Concerning damages, the Court increased the civil indemnity for death to P30,000.00 for each deceased victim. For Natividad, the Court affirmed the award for actual damages (P700.00) and increased moral damages to P20,000.00, recognizing her permanent deformity and suffering. The Court also awarded P10,000.00 for the loss of a scholarship grant, deemed a legitimate consequential damage. The penalties were accordingly recomputed: reclusion perpetua for Parricide; an indeterminate penalty for Homicide (Consolacion); and an indeterminate penalty for Frustrated Murder (Natividad).