Title
Supreme Court
People vs. Ukay y Monton
Case
G.R. No. 246419
Decision Date
Sep 16, 2020
A violent altercation after a drinking session led to Anthony's death and Jessie's injury. Accused claimed self-defense; SC ruled Homicide and Frustrated Homicide, not Murder.

Case Digest (G.R. No. 208393)
Expanded Legal Reasoning Model

Facts:

  • Background and Charges
  • Crim. Case No. 61,566-07 – Frustrated Murder
    • Accused: Eduardo Ukay y Monton @ “Tata” and Oca Ukay y Monton
    • Victim: Jessie C. Gerolaga
    • Information: Armed with knives, with intent to kill, with treachery, conspired to stab Jessie, performed all acts to commit murder but victim survived due to medical assistance
  • Crim. Case No. 61,568-07 – Murder
    • Accused: Eduardo Ukay y Monton @ “Tata,” Teodulo Ukay y Monton @ “Jun-jun,” Guillermo Dianon @ “Momong,” and Oca Ukay y Monton
    • Victim: Anthony Aloba
    • Information: Conspiring together, armed with knives, with intent to kill, with treachery and taking advantage of superior strength, attacked and fatally stabbed Anthony
  • Incident Narratives
  • Prosecution’s Version
    • June 9, 2007, around 10:00 p.m., Davao City convenience store: drinking spree ended in verbal spat between Guillermo and his wife, Anthony intervened
    • Fight ensued; Warren Gerolaga pacified his brother Jessie, who then turned away; Oca stabbed Warren, Eduardo stabbed Jessie (intestines protruded)
    • Group assaulted Anthony with knives, stone, kicks; Anthony later died at hospital
  • Defense’s Version
    • Accused were drinking when Anthony, Jessie and another approached and provoked fight by grabbing Guillermo and throwing stones
    • Guillermo was beaten, Eduardo fled; Teodulo called police; Eduardo and Teodulo later surrendered to authorities
  • Lower Court Rulings
  • Regional Trial Court (March 11, 2013)
    • Found Eduardo guilty of Frustrated Murder (Jessie) – sentenced to 10 years+1 day to 12 years+1 day of prision mayor and reclusion temporal
    • Found Eduardo, Teodulo, Guillermo guilty of Murder (Anthony) – reclusion perpetua and damages of ₱50,000 actual, ₱50,000 civil indemnity
  • Court of Appeals (November 23, 2018)
    • Affirmed RTC’s guilt findings on treachery and conspiracy; modified damages per jurisprudence
    • Awarded actual and exemplary damages totalling ₱75,000 each for Anthony’s heirs; ₱50,000 each for Jessie

Issues:

  • Information Defect and Waiver
  • Whether the Informations’ mere statement “with treachery” sufficiently alleged factual basis for treachery
  • Whether accused-appellants waived defects by not filing motion to quash or bill of particulars
  • Proof of Treachery
  • Whether treachery was established by “unexpected” and “deliberate” attack alone
  • Whether provocation and impulsive reaction negate treachery
  • Proper Crime Classification
  • Whether conviction should remain Murder and Frustrated Murder qualified by treachery
  • Whether crimes should be downgraded to Homicide and Frustrated Homicide

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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