G.R. No. 147674-75 - People vs. Opuran

Case Summary (G.R. No. 147674-75)

Procedural Posture

Appellant was charged by separate informations with two killings: Criminal Case No. 4693 (death of Demetrio Patrimonio, Jr.) and Criminal Case No. 4703 (death of Allan Dacles). He pleaded not guilty, was tried, and the RTC convicted him of murder (for Demetrio) and homicide (for Allan). He appealed to the Supreme Court, which rendered the decision under review. Because the decision date is after 1990, the court applied the 1987 Philippine Constitution and relevant statutes and jurisprudence.

Applicable Law and Legal Standards

The decision applies the 1987 Constitution and principles of criminal law found in the Revised Penal Code and governing rules (including the Indeterminate Sentence Law and amendments to the Rules of Criminal Procedure). Key legal rules highlighted: presumption of sanity (Article 800, Civil Code; and related jurisprudence); insanity as an exempting circumstance (Article 12(1), Revised Penal Code); diminished willpower as a mitigating circumstance (paragraph 9, Article 13, Revised Penal Code); standards for treachery as a qualifying circumstance; the burden of proof resting on the accused to establish insanity by clear and convincing evidence; and the Formigones/Rafanan tests for legal insanity (complete deprivation of intelligence and/or total deprivation of will).

Facts Concerning Allan Dacles (Criminal Case No. 4703)

Prosecution eyewitness Bambi Herrera testified that on the evening of 19 November 1998 he saw appellant stab Allan Dacles in the chest while Allan was lying on a bench; Allan sustained several stab wounds, managed to run into Bambi’s house pursued by appellant, and died about fifteen minutes later. Autopsy by Dr. Angel Tan revealed five stab wounds, one of which was fatal (involving the upper lobe of the right lung and bronchial vessel).

Facts Concerning Demetrio Patrimonio, Jr. (Criminal Case No. 4693)

Prosecution eyewitness Tomas Bacsal, Jr. testified that about an hour after the first incident he saw appellant hiding in a dark place and then emerge to stab Demetrio Patrimonio, Jr. three to four times as the latter traversed a lane on the national highway; Demetrio collapsed and later died at the hospital. Autopsy findings established four stab wounds and death from pulmonary failure due to hypovolemia from external and internal hemorrhage.

Defense Evidence and Psychiatric History

Appellant testified to an alibi—he claimed to have been at home and later arrested by police. The defense presented a psychiatric history: visits to the National Center for Mental Health (NCMH) in 1986 and 1989 (out‑patient treatment, medications including thorazine and evadyne), a later visit to EVRMC circa 1990 with an injectable prescribed, and no continuous treatment from 1991 to 1999. A January 2000 certificate by Dr. Angel P. Tan indicated an “abnormal mental status” and recommended further evaluation. Dr. Lyn Verona of EVRMC conducted three interviews in 2000, reported flight of ideas and auditory hallucinations, diagnosed schizophrenia and psychosis, and concluded appellant could not stand trial. Family witnesses described intermittent odd behavior (talking to himself, laughing, shouting, staring, disturbed sleep).

Legal Standard for Insanity and Burden of Proof Applied by the Court

The Court reiterated that the law presumes every person to be sane and responsible; an accused who pleads insanity bears the burden to prove the exempting circumstance, and such proof must pertain to the time immediately preceding or coetaneous with the offense. The stringent Formigones standard requires a complete deprivation of intelligence (no discernment) and Rafanan distinguishes tests of cognition (complete deprivation of intelligence) and volition (total deprivation of will), with jurisprudence predominantly applying the cognition standard. Expert and lay testimony may be used, but the requisite proof must be clear and convincing and must show incapacity at the time of the criminal act.

Court’s Evaluation of Psychiatric and Behavioral Evidence

The Supreme Court found the defense evidence insufficient to meet the high standard for legal insanity. The Court emphasized several deficiencies: (1) the behavioral peculiarities and isolated odd conduct described by witnesses (staring, talking to self, wearing formal clothes without occasion, occasional shouting) could amount to mental abnormality but not the complete deprivation of intelligence required for exemption; (2) the psychiatric history showed intermittent outpatient treatment and no adjudication or confinement for insanity; (3) there was a long gap in treatment (1991–1999), with psychiatric symptoms documented principally after incarceration; (4) Dr. Verona’s one‑page report and testimony lacked detailed medical bases, methodology, and an adequate contemporaneous psychiatric history to demonstrate that psychosis existed at the time of the killings; (5) the psychiatric conclusions addressed the appellant’s mental state at or after the time of examination (in 2000) and did not establish lack of capacity in November 1998; and (6) the defense first asserted alibi and denial at trial and only later raised insanity, which the Court treated as an indicium that the insanity claim was an afterthought. Considering these factors, the Court concluded the appellant failed to prove insanity at the time of the offenses.

Treachery and Its Applicability to Each Killing

The Court considered whether treachery (an aggravating qualifying circumstance) was present. For the killing of Demetrio Patrimonio, Jr., treachery was established: appellant hid in a dark place and suddenly attacked the unsuspecting victim, affording no opportunity for defense. For Allan Dacles, treachery was not established because the sole eyewitness did not see the commencement of the assault; treachery must be present at the inception of the attack and be perceived by the witness, and where particulars of how the killing began are not known, treachery cannot be inferred.

Resolution of Alternative Plea: Diminished Willpower

The Court rejected appellant’s alternative argument for mitigation based on diminished willpower. The Court explained that diminishment as a mitigating circumstance has been applied where a chronic mental disease materially affected intelligence and willpower for an extended period prior to the offense; here, the psychiatric diagnosis and psychotic symptoms were established principally in 2000 and were not shown to have existed in the years before the killings. The absence of proof of chronic impairment contemporaneous with the offenses prevented application of the mitigating circumstance.

Convictions, Sentences and Rationale

The Supreme Court affirmed the RTC convictions. For Criminal Case No. 4693 (murder of Demetrio Jr.), appellant was sentenced to reclusion perpetua (the lower of the two indivisible pena

Case Syllabus (G.R. No. 147674-75)

Decision and Court Information

Reported at 469 Phil. 698, First Division, G.R. Nos. 147674-75, decided March 17, 2004.
Decision authored by Chief Justice Davide, Jr.; Justices Ynares‑Santiago, Carpio, and Azcuna concur; Justice Panganiban on official leave.
Appeal taken by appellant Anacito Opuran from the Regional Trial Court (RTC) of Catbalogan, Samar, Branch 29, following conviction on two criminal informations.

Criminal Informations — Charges and Accusatory Allegations

Criminal Case No. 4693 (Demetrio Patrimonio, Jr.):
- Alleged date and time: on or about November 19, 1998, at nighttime.
- Alleged place: Km. 1, South Road, Municipality of Catbalogan, Province of Samar.
- Accusation: accused, with deliberate intent to kill and treachery, did willfully, unlawfully and feloniously attack, assault and stab Demetrio Patrimonio, Jr. with the use of a bladed weapon (“5a long from tip to handle with scabbard”), inflicting fatal stab wounds on the back that resulted in instantaneous death.
- Charge included the attendant qualifying circumstance of treachery.
Criminal Case No. 4703 (Allan Dacles):
- Alleged date and time: on or about November 19, 1998, at nighttime.
- Alleged place: Purok 3, Barangay 7, Municipality of Catbalogan, Province of Samar.
- Accusation: accused, with deliberate intent to kill and with treachery, did willfully, unlawfully and feloniously attack, assault and stab Allan Dacles, who was lying on a bench, with a bladed weapon locally known as apisao, inflicting fatal stab wounds on different parts of his body which resulted in instantaneous death.
- Charge included the attendant qualifying circumstance of treachery.

Plea, Trial and Procedural Posture

Appellant entered a plea of not guilty at arraignment.
Trial ensued with testimony for both prosecution and defense, presentation of witnesses, expert testimony, documentary exhibits, and psychiatric examinations.
Defense sought psychiatric examination and suspension of hearings after an initial order authorizing psychiatric examination issued on January 10, 2000; appellant examined by Dr. Angel P. Tan on January 26, 2000, who issued a medical certificate noting "abnormal" mental status and "some degree of Mental Aberration" requiring further psychiatric evaluation at Tacloban City.
RTC received medical report from Dr. Lyn Verona of EVRMC on August 3, 2000; hearings resumed and expert testimony given November 20, 2000.
RTC rendered judgment on January 23, 2001; appellant appealed to the Supreme Court.

Material Facts and Chronology (Prosecution Version)

Date of incidents: November 19, 1998.
First incident (Allan Dacles):
- Around 6:30 p.m., witness Bambi Herrera was studying inside his house.
- Jason Masbang and Bambi’s brother were outside, opposite Allan Dacles who was lying on a bench.
- Jason entered Bambi’s house shouting “There’s a long‑haired man!”
- Bambi looked and saw appellant Anacito Opuran stab Allan in the chest with a knife while Allan appeared to be getting up from the bench.
- Allan sustained several stab wounds on different parts of his body; he managed to stand and run into Bambi’s house with Anacito chasing him.
- Bambi locked the door; appellant tried to force entry by thrusting a knife at the door shutter and throwing stones, then left.
- Bambi attempted to get help but neighbors did not assist; Bambi carried Allan and, with assistance from people in the neighborhood, brought Allan to the hospital where Allan died about fifteen minutes later.
Second incident (Demetrio Patrimonio, Jr.):
- Around 7:45 p.m., Tomas Bacsal, Jr. heard a commotion at the house of Demetrio Patrimonio, Sr.; he learned someone had been stabbed.
- Approximately fifteen minutes later while walking home, Tomas saw Demetrio Jr. and observed Anacito hiding in a dark place.
- As Demetrio Jr. reached the national highway near “aloveras lane,” Anacito emerged from hiding and stabbed Demetrio Jr. about three to four times.
- Demetrio Jr. ran toward his parents' house, collapsed near the fence, was brought to Samar Provincial Hospital, and died the following day.

Forensic and Medical Findings (Autopsy and Cause of Death)

Dr. Angel Tan, Medical Specialist II, Samar Provincial Hospital, performed autopsies on both cadavers.
Allan Dacles:
- Five stab wounds documented.
- One wound fatal because it affected the upper lobe of the right lung and a bronchial vessel.
Demetrio Patrimonio, Jr.:
- Four stab wounds documented.
- Death due to pulmonary failure from hypovolemia caused by external and internal hemorrhage.

Prosecution Witnesses and Testimony Highlights

Bambi Herrera:
- Eyewitness to assault on Allan; saw appellant stab Allan; observed chase and attempted forced entry.
- Described subsequent efforts to bring Allan to hospital and neighbor response.
Tomas Bacsal, Jr.:
- Eyewitness to the stabbing of Demetrio Jr.; observed appellant hiding and then attacking the victim.
Other prosecution exhibits and testimony included receipts and funeral expense claims; testimonial specifics and exhibit identifications recorded in trial transcripts and folders of exhibits.

Defense Case and Testimony Highlights

Appellant Anacito Opuran (defense witness):
- Testified he was at home in Canlapwas on the evening of November 19, 1998, resting and never went out.
- Claimed arrest by eight policemen entering his house about 8:30 p.m.; detained at police station until the next morning.
- Denied presence at stabbing scenes; denied knowledge of Allan; acknowledged distant relationship and lack of quarrel with Demetrio Jr.
- Asserted accusations fabricated due to envy and low regard by accusers.
Family witnesses:
- Remedios Opuran Manjeron (sister):
  - Testified she brought appellant to the National Center for Mental Health (NCMH), Mandaluyong in 1986 for inability to sleep and “talking irrelevantly.”
  - Anacito treated as outpatient; prescribed thorazine and evadyne; returned to NCMH in 1989 with same prescriptions.
  - Sought treatment locally; referred to EVRMC; in 1990 received an injectable medicine administered by an NCMH doctor who visited Catbalogan that year.
  - Since 1990 until 2000, appellant did not take medicines or receive further treatment due to inability to afford follow‑up; she purchased medicine for him only in April 2000 because he was again “noisy in the jail.”
- Francisco Opuran (brother):
  - Stated at about 6:00 p.m. on November 19, 1998, he heard loud voices; saw Anacito later carrying a knife at the corner of the street; hugged him and brought him to Remedios’ house after Anacito struggled.
  - Observed appellant at times laughing, shouting, uttering bad words, and at times silent.

Psychiatric Examinations, Reports and Expert Testimony

Initial psychiatric certification:
- Dr. Angel P. Tan (26 January 2000) issued a Medical Certificate stating appellant had an “abnormal” mental status and was “suffering from some degree of Mental Aberration,” recommending further psychiatric evaluation at Tacloban City.
EVRMC examination and report:
- Trial court received Dr. Lyn Verona’s Medical Report on 3 August 2000; Dr. Verona testified on 20 November 2000.
- Dr. Verona’s testimony and report:
  - Conducted three interview sessions with appellant.
  - Learned from interview with Remedios about appellant’s psychiatric history: “inability to sleep and talking irrelevantly.”
  - Found appellant had a psychotic disorder characterized by flight of ideas and auditory hallucinations.
  - Concluded appellant was “psychotic before and during the commission of the crime and even up to the present,” rendering him unable to stand trial and in need of treatment and monthly check‑ups; diagnosis stated as schizophrenia on direct testimony.
  - Medical report excerpted in the record: described appellant as “fairly kempt,” with flight of ideas, auditory hallucination, complaints of poor sleep and occasional headache, “no delusion,” “Judgment and insight fair,” “Fair impulse control”; comments stated: “From the foregoing interviews and examinations, it is determined that the patient has a psychiatric disorder. It is most likely that the patient is psychotic before and during the commission of the crime. He is presently psychotic and cannot stand trial. He would need treatment and monthly check‑up.”
- Dr. Verona admitted limitations on cross‑examination:
  - Her examinations comprised only three sessions of one to two hours
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