PEOPLE OF THE PHILIPPINES, vs. MARIO AGUILUZ, alias "ROCK-ROCK,".
- G.R. Number: G.R. No. 91662
- Promulgated: 1992-03-11
- Ponente: Regalado, J.
Doctrine
Appellate courts give great weight to trial court findings and may disregard them only for substantial errors or overlooked determinative facts.
A qualifying circumstance (e.g., treachery) must be alleged in the information; absent such allegation, it cannot be invoked to elevate culpability.
A sudden attack may constitute treachery if coolly and deliberately adopted to deprive the victim of a chance to defend, but such determination depends on proven facts and credibility assessment.
Facts
Accused-appellant Mario Aguiluz was charged with murder in Criminal Case No. DH-078-89 for assaulting Ricardo Cruz y Guevarra with a lead pipe, inflicting mortal injuries that caused his death on or about 4 December 1988 at Brgy. Daang Bago, Dinalupihan, Bataan.
Immediately after a collision, the victim examined his jeep; appellant alighted from the passenger jeepney, went behind the victim and struck him on the head with a lead pipe.
Issues
Whether appellant may be convicted of murder given the evidence presented.
Whether the alleged qualifying circumstance of treachery (alevosia) is present.
Whether nocturnity (nighttime) may be considered an aggravating circumstance in this case.
Ruling
The Court found serious doubts that appellant acted with alevosia and held the information did not allege treachery; murder conviction therefore cannot stand and treachery cannot be treated as aggravating here.
Nocturnity was not shown to have been purposely sought or to have facilitated the crime; it cannot be considered an aggravating circumstance.
The trial court's judgment is annulled and set aside; appellant is convicted of homicide and sentenced to an indeterminate term of 10 years prision mayor (minimum) to 17 years 4 months reclusion temporal (maximum), and ordered to pay damages and fees as stated.
Keywords
G.R. No. 91662, PEOPLE OF THE PHILIPPINES, MARIO AGUILUZ, alias "ROCK-ROCK, crime of murder, Criminal Case No. DH-078-89, Regional Trial Court of Dinalupihan, Bataan, Branch 5, intent to kill, willfully, unlawfully and feloniously attack, assault and use personal violence, massive hemorrhage in the brain, lacerated wound, depressed fracture, Reclusion Perpetua, actual and compensatory damages, moral damages, credibility of witnesses, findings of the trial court, testimony of one witness sufficient to convict, beyond reasonable doubt, victim, crime