In a case involving a fatal assault, the Supreme Court clarified the distinction between homicide and murder, emphasizing that a group attack does not automatically equate to the aggravating circumstance of abuse of superior strength. The Court ruled that to qualify as murder, there must be a notorious inequality of forces between the victim and the aggressors, and the assailants must have purposely sought or taken advantage of this inequality. The court also determined that the crime was homicide, not murder, because the numerical superiority of the assailants could not be considered as the aggravating circumstance of abuse of superior strength that would qualify the killing. This decision highlights the importance of proving deliberate intent to exploit superior strength in order to elevate a charge from homicide to murder.

From Drinking Spree to Deadly Brawl: Did Superior Strength Turn Homicide into Murder?

The case of People v. Evasco revolves around the death of Wilfredo Sasot, who died following an altercation involving Jimmy Evasco and Ernesto Eclavia. Initially charged with murder, Jimmy Evasco appealed his conviction, arguing that the prosecution failed to prove conspiracy or any qualifying circumstances that would elevate the crime from homicide to murder. The Regional Trial Court (RTC) had initially convicted Jimmy of murder, finding that he and Ernesto conspired to kill Wilfredo, with treachery and abuse of superior strength. The Court of Appeals (CA) affirmed the conviction, but modified the ruling by stating that treachery was not present, but the crime was still murder. Jimmy argues that the CA erred in affirming his conviction for murder considering that the RTC gravely erred in finding that conspiracy had existed between him and Ernesto because there was no direct evidence to prove the conspiracy, but only circumstantial evidence. He argues that the Prosecution did not establish the attendance of any of the qualifying circumstances alleged in the information.

The Supreme Court, in reviewing the case, focused on whether the qualifying circumstances of treachery and abuse of superior strength were sufficiently proven to justify a conviction for murder. The Court defined murder and its elements, referencing previous jurisprudence to emphasize the need for proving specific qualifying circumstances beyond reasonable doubt. The essential requisites of murder that the Prosecution must establish beyond reasonable doubt are, namely: (1) that a person was killed; (2) that the accused killed him or her; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and (4) that the killing was not parricide or infanticide.^[8]

Regarding conspiracy, the Court affirmed the lower courts’ finding that Jimmy and Ernesto acted in concert, even without direct evidence of an explicit agreement. Citing Macapagal-Arroyo v. People,^[10] the Court explained that conspiracy can be implied when two or more persons are shown to have aimed by their acts towards the accomplishment of the same unlawful object, each doing a part so that their combined acts, though apparently independent, were in fact connected and cooperative, indicating closeness of personal association and a concurrence of sentiment. This implied conspiracy is proved through the mode and manner of the commission of the offense, or from the acts of the accused before, during and after the commission of the crime indubitably pointing to a joint purpose, a concert of action and a community of interest.^[11]

However, the Court disagreed with the lower courts’ assessment of treachery as a qualifying circumstance. The Court explained that treachery exists when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof, which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.^[14] For treachery to be appreciated, therefore, the State must establish the following elements, to wit: (1) the accused must employ means, method, or manner of execution that will ensure his safety from defensive or retaliating acts on the part of the victim, with no opportunity being given to the latter to defend himself or to retaliate; and (2) the accused must deliberately or consciously adopt such means, method, or manner of execution.^[15] The Court found no evidence to suggest that the mode of attack was deliberately chosen to ensure its execution without risk to the assailants. The absence of witnesses who could describe how the assault had commenced, means that treachery could not be present.

The most critical aspect of the Supreme Court’s decision lies in its analysis of abuse of superior strength. The CA found that Jimmy and Ernesto had perpetrated the killing with abuse of superior strength; and that the manner of attack indicated abuse of their superiority,^[17] observing that their simultaneous acts of hitting Wilfredo with the rock and mauling him together indicated their taking advantage of their combined strengths to assault the victim. The Court emphasized that it is to be appreciated only when there was a notorious inequality of forces between the victim and the aggressors that was plainly and obviously advantageous to the latter who purposely selected or took advantage of such inequality in order to facilitate the commission of the crime. The assailants must be shown to have consciously sought the advantage, or to have the deliberate intent to use their superior advantage. In this context, to take advantage of superior strength means to purposely use force excessively out of proportion to the means of defense available to the person attacked. The appreciation of the attendance of this aggravating circumstance depends on the age, size and strength of the parties.^[18]

The Court clarified that mere numerical superiority does not automatically equate to abuse of superior strength, citing People v. Beduya:^[19]

Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime. The fact that there were two persons who attacked the victim does not per se establish that the crime was committed with abuse of superior strength, there being no proof of the relative strength of the aggressors and the victim. The evidence must establish that the assailants purposely sought the advantage, or that they had the deliberate intent to use this advantage. To take advantage of superior strength means to purposely use excessive force out of proportion to the means of defense available to the person attacked. [Bold emphasis supplied]

The Court found that the lower courts failed to calibrate the relative strengths of the aggressors and their victim. There was no indication of the assailants having deliberately taken advantage of their numerical superiority. Based on this reasoning, the Supreme Court reclassified the crime from murder to homicide, as the absence of qualifying circumstances meant that the killing did not meet the criteria for murder. The Court then imposed a sentence of imprisonment ranging from 10 years of prision mayor, as the minimum, to 14 years, eight months, and one day of reclusion temporal, as the maximum.

Finally, the Court adjusted the monetary awards, aligning them with established jurisprudence and imposing a legal interest rate of 6% per annum from the finality of the decision until full settlement. To conform with People v. Jugueta,^[20], the Court reduced the civil indemnity and moral damages to P50,000.00 each, but increases the amount of temperate damages to P50,000.00 (in lieu of actual damages representing the expenses for the burial of the remains of the victim, which were not proved with certainty). The award of exemplary damages is deleted because of the absence of any aggravating circumstances. In addition, all the amounts allowed herein shall earn interest of 6% per annum reckoned from the finality of this decision until full settlement.

FAQs

What was the key issue in this case?	The key issue was whether the killing of Wilfredo Sasot constituted murder or homicide, specifically focusing on the presence of qualifying circumstances like treachery and abuse of superior strength.
What is the difference between homicide and murder?	Homicide is the unlawful killing of another person without any qualifying circumstances. Murder, on the other hand, is homicide qualified by specific circumstances such as treachery, evident premeditation, or abuse of superior strength, which elevate the crime.
What is meant by “abuse of superior strength” in a legal context?	Abuse of superior strength is an aggravating circumstance where the offender purposely uses force excessively out of proportion to the means of defense available to the victim, taking advantage of a notorious inequality of forces.
Does numerical superiority automatically mean abuse of superior strength?	No, numerical superiority alone does not automatically establish abuse of superior strength. There must be evidence that the assailants deliberately intended to exploit their advantage.
What did the Supreme Court decide regarding the presence of abuse of superior strength in this case?	The Supreme Court found that there was no sufficient evidence to prove that the assailants deliberately took advantage of their numerical superiority, therefore abuse of superior strength was not present.
Why was the original charge of murder reduced to homicide?	The charge was reduced because the Supreme Court determined that neither treachery nor abuse of superior strength was proven beyond reasonable doubt, which are necessary to qualify the killing as murder.
What was the sentence imposed by the Supreme Court?	The Supreme Court sentenced Jimmy Evasco to an indeterminate sentence of 10 years of prision mayor, as minimum, to 14 years, eight months, and one day of reclusion temporal, as maximum.
What monetary damages were awarded in this case?	The Court ordered Jimmy Evasco to pay the heirs of Wilfredo Sasot P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages, plus legal interest of 6% per annum from the finality of the decision until full settlement.

The Supreme Court’s decision in People v. Evasco underscores the importance of meticulously proving the elements of qualifying circumstances to secure a conviction for murder. This case serves as a reminder that while group attacks are serious, they do not automatically constitute murder unless there is clear evidence of deliberate intent to exploit superior strength.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, V. JIMMY EVASCO Y NUGAY, G.R. No. 213415, September 26, 2018