PEOPLE OF THE PHILIPPINES, vs. NARCISO G. FUERTES.
- G.R. Number: G.R. No. 104067
- Promulgated: 1994-01-17
- Ponente: Regalado, J.
Doctrine
Qualifying circumstances (e.g., treachery) must be specifically pleaded or alleged with sufficient clarity; if not pleaded they cannot support conviction for a higher offense and, if proved, become only aggravating circumstances.
Elements of voluntary surrender are: offender not actually arrested, surrender to a person in authority or agent, and spontaneity showing unconditional submission or acknowledgment of guilt; surrender for self-protection is not voluntary.
A witness's difficulty reading without eyeglasses does not necessarily render him incapable of understanding or executing a statement if he affirms comprehension.
Facts
Accused-appellant Narciso G. Fuertes was indicted for the 9 August 1990 murder of Pablo B. Babula in Pasay City; the victim allegedly was shot in the head by appellant.
The Court considered medical/eyewitness testimony including a witness (Lagrosa) who had difficulty reading without eyeglasses but affirmed understanding his NBI statement.
The prosecution alleged qualifying circumstances (treachery) and appellant later surrendered, claiming safety concerns.
The lower court rendered judgment which the Supreme Court reviewed and modified as described below.
Issues
Whether the alleged qualifying circumstance of treachery was sufficiently pleaded to support conviction for murder rather than homicide.
Whether appellant's surrender constituted a voluntary surrender that would mitigate his culpability.
Whether the evidence supports appellant's conviction for a crime greater than homicide (i.e., murder) as charged.
Ruling
The Court held the alleged qualifying circumstance (treachery) was not sufficiently pleaded with clarity and thus could not support murder; absent such pleading the qualifying circumstance, if proved, may be considered only as an aggravating circumstance.
Voluntary surrender was not established: appellant surrendered to insure his safety, not spontaneously or to submit unconditionally; thus surrender could not be considered favorably.
Accordingly, the judgment was MODIFIED: appellant was found guilty of homicide and sentenced to an indeterminate term of 12 years prision mayor (minimum) to 20 years reclusion temporal (maximum); in all other respects the lower court's judgment was AFFIRMED.
Keywords
G.R. No. 104067, murder, reclusion perpetua, compensatory and moral damages, gunshot wound, defense of alibi, credibility of witnesses, factual findings of the trial court, appellate court, judge who penned the decision, evidence on record, prima facie, locus criminis, rules of court, due process, victim, appellant, latter, babula, august