G.R. No. L-57893 January 30, 1987
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELPIDIO OBENQUE alias PEDY, accused-appellant.

FACTS

On the evening of January 18, 1978, a group including Sergio Cabradilla and Victor Villarin was walking home in Minglanilla, Cebu. As they passed the house of accused Elpidio Obenque, he emerged, confronted the group for being “abusive,” and began scolding them. The deceased, Sergio Cabradilla, repeatedly pleaded for forgiveness on behalf of the group. Obenque, while infuriated, fired two warning shots into the air. As the group slowly dispersed, Obenque fired a third shot point-blank at Cabradilla’s forehead, killing him instantly. Obenque then threatened Villarin, who fled. The victim’s body was later discovered dumped in a deep ravine in Carcar, Cebu, approximately sixty kilometers away.
An investigation ensued. Empty .45 caliber shells were recovered from the crime scene. The victim’s body was identified, and an autopsy confirmed the cause of death as a gunshot wound to the head. Obenque surrendered to authorities days later. A search of his Volkswagen Brasilia car revealed a rug with human bloodstains. Obenque was charged with murder before the Court of First Instance of Cebu, which found him guilty and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court correctly convicted the accused-appellant of the crime of murder, qualified by treachery and by outraging or scoffing at the corpse of the victim.

RULING

Yes, the Supreme Court affirmed the conviction for murder but modified the civil indemnity. The Court meticulously examined the qualifying circumstances. It found that evident premeditation was not proven, as the prosecution failed to establish the requisite elements: the time the accused determined to commit the crime, an act manifesting he clung to that determination, and a sufficient lapse of time for reflection.
However, the Court ruled that treachery was present and properly qualified the killing to murder. The legal logic requires two conditions: (1) the employment of means of execution that ensure the offender’s safety from any defensive or retaliatory act, and (2) the deliberate or conscious choice of such means. Here, the victim was unarmed and was in the act of pleading for forgiveness when Obenque, without any warning or provocation, shot him point-blank in the forehead. This sudden and unexpected attack afforded the victim no opportunity to defend himself or retaliate, squarely meeting the definition of treachery.
Furthermore, the Court held that the act of dumping the victim’s body in a remote ravine constituted the qualifying circumstance of outraging or scoffing at the corpse. This was evidenced by the discovery of the body far from the crime scene and the human bloodstains found inside Obenque’s car, which he admitted owning. This despicable act of concealing the corpse to hide the crime added another layer of aggravation and further justified the murder classification. The penalty of reclusion perpetua was thus affirmed, with the civil indemnity increased to P30,000.