PEOPLE OF THE PHILIPPINES, vs. REYNALDO KYAMKO, alias "Dodon,".
- G.R. Number: G.R. No. 103805
- Promulgated: 1993-05-17
- Ponente: Davide, Jr., J.
Doctrine
Treachery exists when the offender employs means, methods or forms that tend directly and especially to insure execution of the crime without risk to himself; an attack on a sleeping victim qualifies.
Recidivism (prior final conviction of a crime in the same title of the RPC) is a generic aggravating circumstance that increases the penalty when unmitigated.
When the law prescribes death but the Constitution prohibits it (Section 19(1), Art. III), the alternative penalty of reclusion perpetua shall be imposed following precedent (a prior rulingñoz).
Facts
Appellant Reynaldo Kyamko was tried for the murder of Epifanio Ferrer; treachery was alleged as a qualifying circumstance and the victim was asleep when attacked (treachery proven).
Appellant was a recidivist: previously convicted on 12 September 1988 for frustrated murder (Crim. Case No. TCS-01) and for frustrated homicide (Crim. Case No. TCS-445) by the RTC, Branch 29, Toledo City; those convictions were final before the informations were filed.
The trial court convicted the accused of murder; the Court of Appeals/this Court affirmed the conviction and applied aggravating circumstance of recidivism.
Because death penalty was prohibited by Section 19(1), Article III of the 1987 Constitution, and under controlling precedent, the Court imposed reclusion perpetua instead of death.
Issues
Whether the killing of Epifanio Ferrer was attended by treachery as a qualifying circumstance.
Whether appellant's prior convictions constitute recidivism and thus an aggravating circumstance increasing the penalty.
Whether the death penalty may be imposed despite the applicable penalty range for murder, given constitutional prohibition on death.
Ruling
Yes. Treachery was present because the attack was not sudden or unexpected and the sleeping victim was defenseless, directly and especially ensuring execution of the crime. Conviction for murder affirmed.
Yes. Appellant was a recidivist—previous final convictions in crimes within the same title of the RPC—so recidivism is a generic aggravating circumstance; no mitigating circumstances offset it.
Because the death penalty is prohibited by Section 19(1), Article III of the 1987 Constitution, the Court imposed reclusion perpetua (instead of death); sentence affirmed and accused given credit for preventive imprisonment; indemnity ordered (P50,000).
Keywords
G.R. No. 103805, PEOPLE OF THE PHILIPPINES v. REYNALDO KYAMKO, Criminal Case No. TCS-1029, crime of murder, Motion For Leave To Amend Information, recidivist, habitual delinquent, amended information, intent to kill, evident premeditation, treachery, aggravating circumstance of recidivism, Frustrated Murder, Frustrated Homicide, reclusion perpetua, Heirs of the offended party, defense of alibi, positive identification, Article 248 Revised Penal Code, accused