PEOPLE OF THE PHILIPPINES, vs. TEMISTOCLES CASTOR Y TRANGUIA.
- G.R. Number: G.R. No. 93664
- Promulgated: 1992-12-11
- Ponente: Davide, Jr., J.
Doctrine
Treachery requires the offender to employ means, methods or forms that tend directly and specially to insure execution without risk to himself; it must be clearly proven, not presumed from mere superiority in number.
When premeditation is sufficiently established but the death penalty is constitutionally prohibited, the proper penalty is reclusion perpetua.
Conviction requires proof beyond reasonable doubt; where evidence is insufficient as to a co-accused, acquittal and release are warranted.
Facts
On the evening of 17 May 1986, Sotero Roy y Barnuevo was stabbed at Cherryville Subdivision, Novaliches, Quezon City, sustaining incised wounds including a 12.0 cm chest wound and a 3.0 cm dorsal hand wound.
Temistocles Castor y Tranguia was charged with Murder; the trial court convicted him and ordered indemnity of P30,000; Luis B. Canalan was acquitted for lack of evidence and ordered released.
The Court found treachery and abuse of superior strength not adequately proven because the lone eyewitness could not observe the commencement of the attack.
Evident premeditation was sufficiently established; neither aggravating nor mitigating circumstances were proven, and the death penalty precluded, so the proper penalty was reclusion perpetua.
Issues
Whether the killing of Sotero Roy amounted to Murder under Article 248 of the Revised Penal Code given the facts and circumstances.
Whether treachery or abuse of superior strength were sufficiently proven to affect the degree of the offense or penalty.
Whether the indemnity awarded should be increased from P30,000.00.
Whether Luis B. Canalan should be convicted or acquitted for lack of sufficient evidence.
Ruling
Yes. The Court found evident premeditation established and convicted Temistocles Castor y Tranguia of Murder under Article 248, sentencing him to reclusion perpetua.
No. Treachery and abuse of superior strength were not adequately proven; the lone eyewitness could not observe the commencement of the attack.
The indemnity award was increased: the Court raised indemnity from P30,000.00 to P50,000.00 and otherwise affirmed the appealed decision.
Luis B. Canalan was acquitted for lack of sufficient evidence and ordered released unless lawful detention for other causes remained.
Keywords
G.R. No. 93664, PEOPLE OF THE PHILIPPINES, TEMISTOCLES CASTOR Y TRANGUIA, Murder, Article 248, RPC, Reclusion Perpetua, Hemorrhage, secondary to stab wounds chest and back, information charging, Regional Trial Court, reconstitute the records, re-taking of the testimonies of witnesses, defense of alibi, GUILTY, beyond reasonable doubt, ACQUITTED, indemnify the heirs, moral damages, conspiracy, evident premeditation, treachery, taking advantage of superior strength