Title
People vs. Silva
Case
G.R. No. 131591
Decision Date
Dec 29, 1999
Gerry Silva and Alexander Gulane are convicted of homicide, reduced from murder, due to lack of qualifying circumstances, with the acknowledgment of abuse of superior strength as a generic aggravating factor.
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Case Digest (G.R. No. 131591)

Facts:

  • Accused-appellants: Gerry Silva (alias "Sitoy") and Alexander Gulane y Oledan (alias "Alex" or "Armando").
  • Found guilty of murder by the Regional Trial Court for killing Leo Latoja on December 21, 1995, in Navotas, Metro Manila.
  • Leo was waiting for transportation to work when he faced a financial issue regarding his fare.
  • His wife, Shirley, attempted to bring him money but forgot her purse; Leo's mother, Estelita, later provided the money.
  • After Estelita turned away, she heard a gunshot and witnessed Gerry Silva and two armed accomplices, including Alexander Gulane, attacking Leo.
  • Despite Estelita's attempts to intervene, Leo was shot multiple times and died before reaching the hospital.
  • An autopsy revealed Leo had nine gunshot wounds.
  • Estelita reported the crime, leading to the filing of an Information for murder against the accused on May 17, 1996.
  • During the trial, both accused denied involvement; Silva cited a rivalry over a woman, while Gulane claimed mistaken identity.
  • Estelita positively identified both as the assailants.
  • The trial court convicted them of murder, sentencing them to reclusion perpetua and ordering damages to the victim's heirs.

Issue:

  • (Unlock)

Ruling:

  • The trial court's finding of guilt for murder was modified to homicide.
  • The court ruled that the circumstances of treachery and evident premeditation were not sufficiently established.
  • The accused-appellants were sentenced to a prison term of six years and four months as the minimum to eighteen years, two months, and twenty days as the maximum for homicide, along with the payment of damages.

Ratio:

  • The Supreme Court held that the trial court erred in qualifying the crime as murder due to insufficient evidence of treachery and evident premeditation.
  • Treachery must be proven by clear and convincing evidence; Estelita did not witness the initial stages of the attack, raising doubts about the assault's suddenness.
  • The Court noted that while the attack was brutal, there was no evidence of prior planning or preparation, negating evident premeditation.
  • The timing of the attack occurring after daybreak was insufficient to establish premeditation.
  • The Court concluded that the crime committed was homicide, characterized by the aggravating circumstance of abuse of superiority due to the three armed assailants attacking an unarmed victim.
  • The penalty was adjusted to reflect the nature of the crime and the surrounding circumstances.

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