Case Summary (G.R. No. 246419)
Key Dates
• June 9–12, 2007 – Incident in Davao City
• March 11, 2013 – RTC Decision (Davao City, Branch 11)
• November 23, 2018 – CA Decision (CA-G.R. CR-HC No. 01203-MIN)
• September 16, 2020 – Supreme Court Decision
Applicable Law
• Revised Penal Code (RPC)
– Art. 248 (Murder), Art. 249 (Homicide), Art. 250 (Frustrated Parricide/Murder/Homicide), Art. 50 (Frustrated Crime)
• Rules of Court (Rule 56 §3; Rule 125 §2)
• 1987 Philippine Constitution
Facts
• Jessie and Anthony were drinking at their aunt’s residence and later went to a nearby convenience store.
• They encountered Eduardo, Teodulo, Guillermo and Oca in a heated argument.
• Warren Gerolaga intervened and led Jessie away; as they turned their backs, Oca stabbed Warren and Eduardo then stabbed Jessie.
• Jessie sustained life-threatening wounds; Anthony was left behind, later brought to the hospital, and pronounced dead on arrival.
RTC Ruling
• Crim. Case No. 61,566-07 (Frustrated Murder) – Eduardo convicted; indeterminate sentence of 10 years 1 day (prision mayor) to 12 years 1 day (reclusion temporal).
• Crim. Case No. 61,568-07 (Murder) – Eduardo, Teodulo, Guillermo convicted; reclusion perpetua; P50,000 civil and P50,000 civil indemnity each.
CA Ruling
• Affirmed RTC’s findings on treachery, conspiracy, and taking advantage of superior strength.
• Modified damages:
– Frustrated Murder: P50,000 civil, P50,000 moral, P50,000 exemplary, temperate P25,000.
– Murder: P75,000 civil, P75,000 moral, P75,000 exemplary, actual P48,466.31.
• Appeal denied for lack of compelling reason to disturb factual findings.
Issues on Appeal
• Whether the Information’s allegation “with treachery” without factual averments is sufficient.
• Whether failure to file a motion to quash or bill of particulars waived the right to challenge the Information.
• Whether treachery was proven by clear and convincing evidence.
Supreme Court Analysis
• Defects in the form of an Information (lack of factual averments for treachery) may be waived if the accused fails to file a motion to quash or bill of particulars.
• Accused-appellants pleaded and proceeded to trial without invoking these remedies; thus, waiver occurred.
• Treachery requires evidence of means or methods consciously adopted to ensure success without risk to the attacker. Mere unexpectedness or impulsive reaction to provocation does not suffice.
Supreme Court Ruling
• Convictions for Murde
Case Syllabus (G.R. No. 246419)
Procedural Posture
- Accused‐appellants (Eduardo, Teodulo, Guillermo) appealed the CA Decision (CA‐G.R. CR‐HC No. 01203‐MIN, Nov. 23, 2018) affirming with modification the RTC of Davao City Decision (March 11, 2013).
- RTC convicted Eduardo of Frustrated Murder (Crim. Case No. 61,566-07) and Eduardo, Teodulo, Guillermo of Murder (Crim. Case No. 61,568-07).
- CA affirmed RTC findings on treachery, conspiracy, superior strength; modified damages.
- Supreme Court reviews legality of Informations, sufficiency of proof of treachery, and proper offense classification.
Facts
- June 12, 2007, Davao City: Jessie Gerolaga and Anthony Aloba left a drinking spree.
- At a nearby convenience store they met Eduardo, Teodulo, Guillermo, Oca.
- Guillermo argued with his wife; Anthony intervened and was punched.
- Warren Gerolaga intervened and led Jessie away.
- As they turned, Oca stabbed Warren; Eduardo stabbed Jessie.
- Jessie escaped mortally wounded; Anthony was stabbed and bludgeoned, dying on arrival at hospital.
Version of the Prosecution
- Accused conspired, armed with knives, with intent to kill by treacherous means.
- Eduardo and Oca inflicted life-threatening wounds on Jessie (Frustrated Murder).
- Eduardo, Teodulo, Guillermo, Oca stabbed and stone-bludgeoned Anthony (Murder).
- Evidence: positive, consistent testimony of Jessie and Warren.
Version of the Defense
- Accused and companions had been drinking; Guillermo’s wife quarreled with him.
- Anthony and others passed, provoked scuffle; accused claimed they fled or called police.
- Denied any prearranged conspiracy or intent to kill; asserted provocation by Anthony and others.
RTC Decision
- Convicted Eduardo of Frustrated M