G.R. No. 128812 - People vs. Enguito

The case arose from events of September 22, 1991 at about 3:00 o'clock A.M. at Marcos Bridge, Cagayan de Oro City.
The Information charged Thadeos Enguito with Murder with Multiple Less Serious Physical Injuries, alleging that he, with intent to kill and with treachery and evident premeditation, chased, bumped and hit a motorela and thereafter rammed and ran over the passenger, resulting in the death of Wilfredo S. Achumbre and injuries to motorela driver Felipe Requerme and passenger Rosita Requerme (Art. 248 RPC in relation to pars. 13 and 21 of Art. 14).
Upon arraignment, the accused pleaded not guilty.

Witnesses included Felipe Requerme, Rosita Requerme, several policemen (PO3 Ricardo Catiil, SPO1 Albert Calingasan, PO3 Virgilio Maquiling, SPO1 Franklin Alamban, Sr.), complainant Georgita Achumbre (wife of the deceased), Dr. Sofronio Sescon, and Dr. Apolinar Vacalares.
Testimony established that a white Ceres Kia pick-up bumped and pushed the motorela for several hundred meters, causing it to overturn; the passenger (Achumbre) jumped out near the bridge railing and was then hit and run over by the white vehicle; the driver and passenger of the motorela sustained injuries.
Police pursuing the damaged vehicle stopped it at about Km. 3; they observed damage to the right portion of the vehicle, a flat right front tire, and a bleeding face on the driver who admitted bumping someone.
Medical certificates for Felipe and Rosita Requerme (Exhs. "A" and "C") showed abrasions and contusions with specified healing periods; autopsy and death certificate (Exhs. "D", "E" series) by Dr. Apolinar Vacalares showed massive intracranial hemorrhage, multiple traumatic injuries, and amputation/cutting of the right leg at the upper third.
Witness Georgita Achumbre identified the accused and recounted that the accused told her at the police station that he killed her husband in revenge for being mauled.

Accused testified that Achumbre had mauled him earlier that night and that Enguito followed the motorela to compel the deceased to surrender to the police; he claimed the collision and death were accidental, caused when Achumbre jumped from the motorela and the vehicle was too near to avoid impact.
Accused maintained he intended to seek police assistance and that he stopped only after seeing a police mobile patrol; he presented character witnesses including Alberto C...(Subscriber-Only)

Whether accused-appellant should be convicted of murder (by means of a motor vehicle) rather than homicide, given the prosecution proof and accused's intent and conduct.
Whether mitigating circumstances (passion and voluntary surrender) are present to reduce culpability or penalty.

Whether the proper penalty for the complex crime (murder with less serious physical injuries) is death or, in view of the 1987 Constitution, reclusion perpetua, and whether Article 48 and Article 63 RPC control.
Whether the amounts awarded as civil indemnity, funeral and actual expenses, moral and exemplary damages, attorney's fees, and loss of earning capacity were properly determined and supported by evidence.