Murder, G.R. No. 232339, November 20, 2019 - Set A

 

People of the Philippines vs. Jefferson Maron

G.R. No. 232339 (November 20, 2019) Inting, J .:

DOCTRINE

In determ determini ining ng whethe whether r the qualif qualifyin ying g circum circumsta stance nce of employi employing ng means means to weaken the defense is present in this case the Court shall be guided by the same standard in determining the presence of abuse of superior strength

The light from the stars or the moon, an oven, or a wick lamp or gasera can give ample illumination to enable a person to identify or recognize another.

FACTS

Jefferson, Jonathan, and Nestor were charged of the crime of murder for the death of  Michael. In 2010 around 10 o’clock in the evening the accused approached Michael and Alma and declared “hold-up”. Michael panicked and shouted for help, herein accused allegedl alle gedly y stabbed stabbed Michael Michael several several times causing his death. death. Prosecuti Prosecution on argued argued that  there was murder because there was an attending qualifying aggravating circumstance of treachery and employing means to weaken the defense or of means or persons to insure or afford impunity. In their defense, the accused gave alibis and argued that Alma could not have possibly seen the faces of the perpetrators because the light post is far away and blocked by trees.

ISSUE

1.

Is it it poss possib ible le to to adm admit it the the te test stim imon ony y of Alma Alma desp despit ite e the the fac factt that that the the ligh lightt post  post 

can be blocked?

2.

Is th ther ere e any any at atte tend ndin ing g qual qualif ifyi ying ng ag aggr grav avat atin ing g ci circ rcum umst stan ance ce??

RULING

 

1.

Yes.

The light from the stars or the moon, an oven, or a wick lamp or gasera can give ample illumination to enable a person to identify or recognize another and that the headlights of  a car or a jeep are suficient to enable eyewitnesses to identify appellants at the distance of four to ten meters. Here, Alma's testimony identifying appellants as the perpetrators of  the crime is credible since aside from the illumination provided by the electric post, Alma was already aware of appellants' presence who were already near her and Michael while they were still talking for ten minutes.

 2.

There was no treachery but there was employment employment of means to weaken the defense

or of means or persons to insure or afford impunity.

The essence of treachery is the sudden and unexpected attack by an aggressor on the unsuspecting victim, depriving the latter of any chance to defend himself and thereby  ensuring its commission without risk of himself. It cannot be said that Michael did not  expect that he would be stabbed by appellants since the latter already announced "holdup" while Maron and Bulahan were poking their knives at Alma and Michael, and while  Almario was brandishing his kawit in front of them. Michael also had the opportunity to shout for help. However, the Court inds that appellants are still guilty of murder since the killing of Michael was a tended by the qualifying circumstance of employing means to weaken the defense. The fact that Michael was unarmed, that he was ganged up by  appellants, and that the latter were equipped with and took advantage of their respective knives and kawit in inlicting fatal wounds on Michael, show a notorious inequality of   forces which was obviously obviously advantageous to the the appellants.