In People v. Glen Abina y Latorre and Jesus Latorre y Deraya, the Supreme Court clarified the distinction between homicide and murder, particularly focusing on the element of treachery. The Court affirmed the conviction of Glen Abina for homicide, modifying the lower court’s ruling of murder in the death of Anthony Asadon. It emphasized that for treachery to be considered, the prosecution must prove that the accused consciously and deliberately adopted a mode of attack to ensure the killing without risk to themselves. This decision provides crucial guidance on how courts evaluate the presence of treachery in criminal cases, impacting the charges and penalties applied in cases of violent assault.

From Birthday Bash to Bloodshed: Was it Murder or Just Homicide?

The case stemmed from a birthday celebration turned violent. Glen Abina and Jesus Latorre were initially charged with murder for the deaths of Anthony Asadon and Rodolfo Mabag. The prosecution’s version of events indicated that during Glen’s birthday celebration, an argument ensued when Anthony and his wife attempted to leave. Glen suddenly shot Anthony, and subsequently, both Glen and Jesus assaulted both victims. The Regional Trial Court (RTC) convicted Glen and Jesus of murder for Anthony’s death and homicide for Rodolfo’s death, a decision partly affirmed by the Court of Appeals (CA).

However, the Supreme Court, in its review, focused on whether the qualifying circumstance of treachery was adequately proven in the killing of Anthony Asadon. It is a cornerstone of criminal law that the presence of treachery elevates the crime from homicide to murder, significantly increasing the penalty. Article 14(16) of the Revised Penal Code defines treachery:

There is treachery 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.

The Supreme Court, citing established jurisprudence, emphasized that treachery requires two key elements. First, the victim must be in no position to defend themselves. Second, the assailant must consciously and deliberately adopt the method, means, or form of attack to ensure the execution of the crime. These requirements ensure that treachery is not merely an incidental aspect of the attack but a calculated strategy.

The Court referred to People v. Vilbar, where it was held that treachery is not present when the attack is impulsive, even if sudden and unexpected. The element of conscious decision-making is critical. Building on this principle, the Court also cited Rustia, Jr. v. People, emphasizing that treachery cannot be solely based on the victim’s inability to defend themselves. The prosecution must demonstrate that the accused specifically chose a mode of attack to eliminate any risk to themselves.

The Supreme Court also referenced People v. Calinawan, highlighting that the suddenness of an attack alone is insufficient to establish treachery. The Court stressed the need for clear and convincing evidence, describing the entire scenario to determine the presence or absence of treachery, stating that:

Treachery could not be presumed and must be proved by clear and convincing evidence or as conclusively as the killing itself.

Applying these principles to the facts of the case, the Supreme Court found that while the attack on Anthony was sudden and unexpected, there was insufficient evidence to prove that Glen deliberately and consciously adopted a mode of attack to ensure the killing without risk to himself. The Court noted that the shooting occurred in the presence of other party guests, which could have led to retaliation, undercutting the element of a risk-free attack. This approach contrasts with a scenario where the assailant carefully plans and executes the attack in a secluded location, ensuring no witnesses or means of defense for the victim. The Court also considered the time of the incident, which occurred around 5:00 p.m., when Glen could still be easily identified as the perpetrator. All of these indicate that the attack wasn’t planned to mitigate risk.

Consequently, the Supreme Court held Glen liable only for homicide in the death of Anthony, modifying the lower courts’ decisions. Under Article 249 of the Revised Penal Code, homicide carries a penalty of reclusion temporal, ranging from twelve years and one day to twenty years. The Court applied the Indeterminate Sentence Law, resulting in a sentence of seven years and four months of prision mayor as minimum, to seventeen years and four months of reclusion temporal as maximum for each count of homicide, considering that no modifying circumstances attended the killings.

The Court also addressed the monetary awards, ordering Glen to pay the heirs of Anthony and Rodolfo civil indemnity, moral damages, and temperate damages in the amount of P50,000.00 each. A legal interest of 6% per annum was imposed on all these awards from the finality of the Decision until fully paid. This ruling underscores the importance of proving each element of a crime beyond reasonable doubt, particularly when qualifying circumstances like treachery can significantly increase the severity of the penalty.

FAQs

What was the key issue in this case?	The central issue was whether the killing of Anthony Asadon was attended by treachery, which would qualify the crime as murder, or if it was simply homicide. The Supreme Court focused on the element of conscious and deliberate planning in the attack.
What is treachery according to the Revised Penal Code?	Treachery is defined in Article 14(16) of the Revised Penal Code as employing means, methods, or forms in the execution of a crime against a person that directly and specially ensure its execution, without risk to the offender arising from the defense the offended party might make. It requires a deliberate strategy to render the victim defenseless.
What are the two requirements for treachery to be considered?	The two requirements are: (1) the victim was in no position to defend themselves when attacked; and (2) the assailant consciously and deliberately adopted the methods, means, or form of attack to ensure the killing without any risk to themselves. Both elements must be proven to establish treachery.
Why did the Supreme Court reduce the charge from murder to homicide?	The Court found that there was insufficient evidence to prove that Glen Abina deliberately and consciously planned the attack on Anthony to ensure the killing without risk to himself. The suddenness of the attack alone was not enough to establish treachery.
What is the penalty for homicide under the Revised Penal Code?	Under Article 249 of the Revised Penal Code, the penalty for homicide is reclusion temporal, which ranges from twelve years and one day to twenty years. The specific sentence depends on the presence of any mitigating or aggravating circumstances.
What is the significance of the Indeterminate Sentence Law in this case?	The Indeterminate Sentence Law allows the court to impose a minimum and maximum term of imprisonment, rather than a fixed term. In this case, the court sentenced Glen to an indeterminate penalty of seven years and four months of prision mayor as minimum, to seventeen years and four months of reclusion temporal as maximum for each count of homicide.
What monetary awards were given to the victims’ heirs?	Glen was ordered to pay the respective heirs of Anthony Asadon and Rodolfo Mabag moral damages, temperate damages, and civil indemnity in the amount of P50,000.00 each. Additionally, a legal interest of 6% per annum was imposed on all these awards from the finality of the Decision until fully paid.
How does this case affect future criminal proceedings?	This case clarifies the burden of proof required to establish treachery in murder cases. It reinforces the principle that treachery must be proven with clear and convincing evidence, demonstrating a deliberate and conscious decision by the assailant to ensure the killing without risk to themselves.

In conclusion, People v. Glen Abina y Latorre and Jesus Latorre y Deraya serves as an important reminder of the nuances in criminal law, particularly in distinguishing between homicide and murder. The element of treachery, requiring deliberate planning and execution, must be proven beyond reasonable doubt to elevate a charge from homicide to murder. The ruling underscores the judiciary’s commitment to ensuring that criminal charges are appropriate and just, based on the specific facts and circumstances of each case.

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. Abina, G.R. No. 220146, April 18, 2018