In a significant ruling, the Supreme Court clarified the application of treachery as a qualifying circumstance in murder cases, downgrading the conviction of Dexter Aspa Albino from murder to homicide. The Court emphasized that the suddenness of an attack is insufficient to establish treachery; there must be a deliberate intent to ensure the execution of the crime without risk to the assailant. This decision underscores the importance of proving deliberate planning and the absence of risk to the accused for a murder conviction based on treachery.

Sudden Violence or Calculated Attack: When Does a Killing Qualify as Murder?

This case revolves around the tragic death of Marlon Dionzon Soriano, who was shot by Dexter Aspa Albino, also known as “Toyay,” during an altercation at a benefit dance in Carigara, Leyte. Albino was initially charged with murder, with the prosecution arguing that the killing was committed with treachery. The Regional Trial Court (RTC) convicted Albino of murder, finding that he had indeed acted with treachery by unexpectedly shooting Soriano without warning. However, the Court of Appeals (CA) affirmed the conviction but modified the sentence, making Albino ineligible for parole. Dissatisfied, Albino appealed to the Supreme Court, arguing that the prosecution failed to prove treachery and that his conviction should be downgraded to homicide. The central legal question is whether the sudden shooting of Soriano constituted treachery, thereby justifying a conviction for murder, or whether it was simply a case of homicide.

The Supreme Court meticulously examined the facts and arguments presented by both parties. The prosecution’s case hinged on the testimonies of Jerome Soriano, the victim’s brother, and Arwin Terrado, both of whom claimed that Albino had unexpectedly shot Soriano in the chest. The RTC gave credence to these testimonies, concluding that Albino’s actions demonstrated treachery. However, the Supreme Court disagreed, emphasizing that the suddenness of the attack alone does not automatically equate to treachery. Instead, the Court stressed the importance of establishing that the accused deliberately chose a method of attack that ensured the execution of the crime without any risk to themselves.

The Court referred to the case of People v. Pilpa, where it held that “mere suddenness of the attack is not sufficient to hold that treachery is present, where the mode adopted by the assailants does not positively tend to prove that they thereby knowingly intended to insure the accomplishment of their criminal purpose without any risk to themselves arising from the defense that the victim might offer.” In Albino’s case, the Court found no evidence to suggest that he had consciously planned the attack to eliminate any potential risk. The altercation arose spontaneously during a heated exchange, and Albino’s actions appeared to be impulsive rather than premeditated.

Article 248 of the Revised Penal Code defines murder as the unlawful killing of another person with qualifying circumstances such as treachery, which elevates the crime from homicide to murder.

The essence of treachery lies in the deliberate and unexpected nature of the attack, leaving the victim defenseless and with no opportunity to resist. As the Court stated in People v. Watamama, “There is treachery when the offender commits any of the crimes against persons by employing means, methods or forms that tend directly and especially to ensure its execution without risk to the offender arising from the defense that the offended party might make.” This element of deliberate planning and the elimination of risk was not sufficiently proven in Albino’s case.

The Supreme Court also noted that the attack was frontal, which, while not automatically negating treachery, further weakened the prosecution’s case. In People v. Tugbo, Jr., the Court held that treachery was not present because the attack was frontal, giving the victim an opportunity to defend himself. While a frontal attack does not definitively rule out treachery, it raises doubts when considered alongside other circumstances, such as the lack of premeditation and the spontaneous nature of the altercation. Therefore, the Court ruled that Albino could only be convicted of homicide, as defined in Article 249 of the Revised Penal Code.

Article 249 of the Revised Penal Code defines homicide as the unlawful killing of another person without any of the qualifying circumstances that would elevate the crime to murder.

Consequently, the Supreme Court modified Albino’s sentence, applying the Indeterminate Sentence Law. Albino was sentenced to an indeterminate penalty of eight (8) years of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum. The Court also adjusted the monetary awards, reducing the civil indemnity and moral damages from Php75,000.00 each to Php50,000.00 each. The exemplary damages of Php30,000.00 was deleted because no aggravating circumstance was proven during the trial. Temperate damages of Php50,000.00 was awarded. These amounts will incur a six percent (6%) interest per annum from the finality of the decision until fully paid.

FAQs

What was the key issue in this case?	The key issue was whether the killing of Marlon Dionzon Soriano by Dexter Aspa Albino was attended by treachery, which would qualify the crime as murder, or whether it should be considered homicide. The Supreme Court focused on whether the suddenness of the attack constituted treachery.
What is treachery according to Philippine law?	Treachery is a qualifying circumstance in murder where the offender employs means, methods, or forms in the execution of the crime that directly and specially ensure its execution without risk to the offender arising from the defense that the offended party might make. The attack must be deliberate and without warning.
Why did the Supreme Court downgrade the conviction from murder to homicide?	The Supreme Court downgraded the conviction because the prosecution failed to prove that Albino deliberately planned the attack to ensure its execution without any risk to himself. The Court found that the suddenness of the attack, without evidence of premeditation, was insufficient to establish treachery.
What is the difference between murder and homicide?	Murder is the unlawful killing of another person with qualifying circumstances, such as treachery, evident premeditation, or cruelty. Homicide is the unlawful killing of another person without any of the qualifying circumstances that would elevate the crime to murder.
What is the Indeterminate Sentence Law, and how was it applied in this case?	The Indeterminate Sentence Law requires courts to sentence an accused to a minimum and maximum period of imprisonment, rather than a fixed term. In this case, Albino was sentenced to an indeterminate penalty of eight (8) years of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum.
What damages were awarded in the final decision?	The Supreme Court ordered Albino to pay Php50,000.00 as civil indemnity, Php50,000.00 as moral damages, and Php50,000.00 as temperate damages. These amounts will incur a six percent (6%) interest per annum from the finality of the decision until fully paid.
What was the significance of the attack being frontal?	While a frontal attack does not automatically negate treachery, it raises doubts about the presence of treachery, especially when considered alongside other circumstances, such as the lack of premeditation and the spontaneous nature of the altercation. It suggests that the victim had some opportunity to defend himself.
What is the main takeaway from this Supreme Court decision?	The main takeaway is that the suddenness of an attack alone is not sufficient to establish treachery in a murder case. The prosecution must prove that the accused deliberately planned the attack to ensure its execution without any risk to themselves.

This case serves as a reminder of the importance of carefully scrutinizing the circumstances surrounding a killing to determine the appropriate level of criminal liability. The Supreme Court’s decision underscores the necessity of proving deliberate planning and the elimination of risk for a murder conviction based on treachery.

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 v. Albino, G.R. No. 229928, July 22, 2019