Title
People vs. Marcos y Mon
Case
G.R. No. 132392
Decision Date
Jan 18, 2001
Cesar Marcos hacked his brother Virgilio from behind with a bolo, killing him instantly. Despite claims of self-defense, treachery was proven. Voluntary surrender mitigated the penalty to reclusion perpetua. Damages were adjusted based on evidence.

Case Summary (G.R. No. 132392)

Charge and Court Proceedings

Cesar was charged with murder under Article 248 of the Revised Penal Code through an Information filed on October 11, 1996. The trial commenced after Cesar pleaded not guilty. On January 7, 1998, the trial court found Cesar guilty beyond a reasonable doubt and sentenced him to death, ordering compensation of P51,000.00 in actual damages and P50,000.00 in moral damages to be paid to the victim's heirs.

Prosecution's Evidence

Evidence presented by the prosecution included testimony from Fernando Marcos, Jr., who witnessed the attack on Virgilio at around noon. Fernando observed Cesar, armed with a bolo, attack Virgilio from behind while he was stooping near an artesian well. Following the assault, the victim was observed with multiple hacking wounds, leading to his death due to hemorrhage as confirmed by the testimony of Dr. Genaro Merino, who conducted the post-mortem examination.

Defense's Claims

Cesar provided a differing account, alleging that Virgilio had attacked him with a bolo first, instigating a struggle that resulted in Virgilio accidentally injuring himself. He claimed that after the event, he did not resist when the police detained him.

Key Legal Issues

The primary issue on appeal was whether the trial court correctly imposed the death penalty. Cesar contended that the prosecution failed to prove evident premeditation, thus warranting a lesser punishment of reclusion perpetua. The Solicitor General contended that Cesar’s familial relationship with the victim and the qualifying circumstance of treachery justified the death penalty.

Analysis of Treachery and Premeditation

The Supreme Court found that treachery was evidently established by Cecil's sudden and unprovoked attack on an unsuspecting victim. Treachery was confirmed through Fernando's testimony, which detailed the attack's circumstances that ensured Virgilio had no chance for self-defense. However, the prosecution failed to establish evident premeditation, which the trial court also did not appreciate in its ruling.

Relationship as an Aggravating Circumstance

The familial relationship between Cesar and Virgilio was considered an aggravating circumstance, as recognized in Article 14 of the Revised Penal Code, which pertains to crimes against persons. Since the victim was Cesar's brother, the aggravating nature of this relationship was deemed correctly acknowledged in determining penalties.

Mitigating Circumstance of Voluntary Surrender

The court identified a potential mitigating circumstance related to Cesar's voluntary surrender. The requirements for voluntary surrender were met, as evidenced by police certification and unrefuted testimony; however, the trial court did not consider this in sentencing. Given the interplay of aggravating and mitigating circumstances, the penalty ultimatel

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