Case Digest (G.R. No. L-32042)
Facts:
People of the Philippines v. Alberto Benito y Restubog, G.R. No. L-32042, February 13, 1975, the Supreme Court En Banc, Esguerra, J., writing for the Court.
The case is a mandatory review of the judgment of the Circuit, Criminal Court of Manila in Criminal Case No. CCC-VI-609. The trial court convicted Alberto Benito y Restubog (defendant-appellant) of murder and, upon his plea of guilty, sentenced him to death; it also ordered indemnities to the heirs and other civil damages and costs. The accused was alleged to have followed and shot the victim, Pedro Moncayo, Jr., eight times with a .22 caliber revolver on P. Paredes Street, Manila, on December 12, 1969, causing the latter’s death.
At trial the accused, initially arraigned on a plea of not guilty, sought to change his plea and, after the trial court explained the nature and consequences (including the possibility of the death penalty), entered an unconditional plea of guilty but reserved the right to prove mitigating circumstances. The prosecution announced it would controvert any mitigating circumstances and would introduce proof of aggravating circumstances. The accused offered evidence intended to establish mitigating circumstances (including voluntary surrender and provocation); the prosecution offered evidence to establish aggravating circumstances, including evident premeditation and disregard of the respect due the deceased on account of his rank. The trial court found the accused guilty “as principal in the crime of murder qualified by treachery,” credited only the mitigating circumstance of plea of guilty, accepted the aggravating circumstances of evident premeditation and disregard of rank, and imposed death with indemnities and damages.
On mandatory review the issues raised concerned whether the trial court erred in (a) failing to credit voluntary surrender and certain alleged provocation or vindication of a grave offense as mitigating circumstances; (b) improperly considering disregard of rank as an aggravating circumstance though the accused allegedly was no longer in the Civil Servic...(Subscriber-Only)
Issues:
- Should the lower court have credited the accused with the mitigating circumstance of voluntary surrender?
- Should the lower court have credited the accused with the mitigating circumstance of vindication of a grave offense or of sufficient and immediate provocation?
- Was the aggravating circumstance of disregard of rank properly considered despite the accused’s claimed loss of office?
- Was the aggravating circumstance of evident premeditation established and properly considered notwithstanding the accused’s unconditiona...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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