Case Summary (G.R. No. 220514)
Applicable Law and Constitution
1987 Philippine Constitution (decision rendered in 2018)
Revised Penal Code (RPC)
• Article 248 as amended by R.A. No. 7659 (Murder)
• Article 266 (Attempted Homicide, qualified as Slight Physical Injury where intent to kill is not established)
RPC Article 63 (imposition of successive penalties)
Factual Background
On 8 April 2009 at around 11:00 a.m., Oscar entered Minda’s store, where she was cradling her granddaughter Anthonette. An argument erupted over family remittances. Witnesses Norma Gulayan and Clyde Bunhian heard moaning and saw Oscar stab Minda twice in the chest. Anthonette sustained a superficial stab wound to the nape. Neighbors and a police officer on vacation intervened, disarmed Oscar, and brought him to the station. Minda died at Baguio General Hospital and Medical Center later that day; Anthonette was treated and discharged the next morning.
Procedural History
- 13 April 2009 – Two Informations filed: one for Attempted Homicide (Anthonette) and one for Murder (Minda).
- 13 May 2009 – RTC of Baguio City consolidated the cases.
- 2 June 2009 – Arraignment; accused pleaded not guilty.
- November 2009 to February 2012 – Pre-trial and trial on merits; prosecution presented ten witnesses; accused testified in denial.
- 4 September 2012 – RTC rendered Joint Judgment convicting Oscar of Murder (with evident premeditation and abuse of superior strength) and Attempted Homicide; imposed reclusion perpetua and indeterminate sentence, plus damages.
- 25 April 2014 – Court of Appeals affirmed guilt for Murder (qualified by abuse of superior strength) but downgraded Attempted Homicide to Slight Physical Injury; adjusted penalties and damages.
- 21 February 2018 – Supreme Court decision on appeal.
Issue
Whether the trial and appellate courts erred in finding Oscar Escad guilty beyond reasonable doubt for the murder of Minda Babsa-ay and the injury to Anthonette Ewangan.
Supreme Court Ruling and Penalties
The appeal is dismissed. The CA Decision is affirmed with these modifications:
• Criminal Case No. 29335-R (Anthonette): Conviction for Slight Physical Injury; penalty of 20 days arresto menor; indemnify P929.00 actual damages and P5,000.00 moral damages with 6% annual interest from finality.
• Criminal Case No. 29336-R (Minda): Conviction for Murder (qualified by abuse of superior strength); sentence of reclusion perpetua; indemnify P83,763.00 actual damages, P75,000.00 civil indemnity, P75,000.00 moral damages, and P75,000.00 exemplary damages with 6% annual interest from finality.
Legal Reasoning
Credibility and Positive Identification
– Trial court properly credited eyewitnesses’ consistent accounts on material points despite minor discrepancies.
– Denial and claimed blackout are inherently weak defenses that cannot outweigh positive, categorical identification and physical evidence.Qualification of Murder by Abuse of Superior Strength
– Oscar, a 5'10" adult armed with a knife, attacked a 61-year-old unarmed woman burdened by an infant, demonstrating inequality of forces and exploitation of obvious advantage.
– Evident premeditation was discarded for lack of proof regarding the precise moment of intent formation; abuse of superior strength sufficed to qualify the killing as murder.Classification of Anthonette’s Injury
– No proof of intent to kill the child; wound was superficial.
– Liability correctly classified under slight physical injury rather than attempted homici
Case Syllabus (G.R. No. 220514)
Facts of the Case
- On 8 April 2009 at around 11:00 a.m., Oscar Mat-An y Escad entered the store of his mother-in-law, Minda Babsa-ay, in Sunnyside Fairview, Tacay Road, Baguio City.
- Minda was cradling her 18-month-old granddaughter, Anthonette Ewangan, in a blanket; ends of the blanket were tied behind the child’s back.
- An argument arose when Oscar questioned Minda about his wife Ruby’s failure to answer his calls; Minda told him to return sober.
- Moments later, bystanders Norma C. Gulayan and Clyde Bunhian heard moaning; Norma ran in and saw Oscar stab Minda twice in the chest.
- Norma and Clyde dragged Oscar out; he fled but was later apprehended by neighbors and Police Officer 1 Jose Mana-ar, Jr.
- Minda was rushed to Baguio General Hospital and Medical Center (BGHMC) but died that same day at age 61.
- Anthonette was found injured beneath Minda’s body, admitted for observation with a superficial stab wound to the nape.
Procedural History
- 13 April 2009: Two separate informations were filed—one for Attempted Homicide of Anthonette (Crim. Case No. 29335-R) and one for Murder of Minda (Crim. Case No. 29336-R).
- 13 May 2009: Regional Trial Court (RTC) of Baguio City, Branch 59, granted motion to consolidate the two cases.
- 2 June 2009: Oscar, with counsel, was arraigned and pleaded not guilty.
- 10 November 2009: Pre-trial; parties stipulated to Oscar’s identity, Anthonette’s minority, familial relationships, and Ruby’s remittance practice.
- 4 September 2012: RTC rendered Joint Judgment finding Oscar guilty of Murder (Art. 248, RPC) and Attempted Homicide (Art. 266, RPC), with penalties and damages.
- 25 April 2014: Court of Appeals (CA) affirmed with modifications—convicted Oscar of Murder (reclusion perpetua) and Slight Physical Injury (20 days arresto menor), adjusted damages.
- Supreme Court elevated appeal to resolve alleged errors in factual and legal findings.
Issue
- Whether the trial and appellate courts erred in convicting Oscar Mat-An y Escad beyond reasonable doubt for the death of Minda Babsa-ay and the injuries sustained by Anthonette Ewangan.
Trial Court’s Findings and Ruling
- Credibility of prosecution witnesses positively established Oscar as assailant; denial defense was unavailing.
- Found evident premeditation: grudge ove