People v. Ferreras

 

People v. Ferreras

G.R. No. 230221

April 10, 2019

FACTS:

                The RTC and CA convicted Edgar Gayon y Ferreras for the crime of Murder under Art. 248 of the RPC. The evidence of the prosecution indicated that on July 19, 2004 at around 9:40 in the evening, Leyden Gayon [(Leyden)] was in their house in Sulangan, Matnog, Sorsogon. Her husband is the first cousin of [Rodolfo] while accused-appellant [Edgar] is the son of Rodolfo. Leyden testified that while she was in their house having a conversation with Leonora Givera [(Leonora)], Leyden saw accused-appellant [Edgar] entered their house. According to the People's witness, [accused-appellant Edgar] sat on the lap of Leonora and suddenly stabbed Leonora several times. She even saw accused-appellant's knife embedded on Leonora's right shoulder. Thereafter, Leyden dragged Leonora inside the house. Leyden claimed that Leonora uttered to her that she was dying and Leyden likewise heard accused-appellant Edgar told his father Rodolfo "Papay we have no more problem because I killed your sister.

                According to the defense, That on July 19, 2004 at about 9:40 in the evening[,] [Rodolfo] was in their house along the road in Sulangan, Matnog, Sorsogon. He claimed he was not present at the time of the killing. That he was just informed by his wife and daughter about the incident that his son [accused-appellant Edgar] had killed Leonora Givera, the following morning. His wife and daughter-in-law had a previous altercation about their chickens. He did not know of any reason why [he was implicated in the case]. xx x7 For his part, accused-appellant Edgar alleged that on July 19, 2004, he arrived home from work but his family was not there. [He] went back on the road where a ce1iain Toti told him that his family was not Id. at l. Rollo, p. 3. CA rollo, p. 59. Decision 3 G.R. No. 230221 home because they had a quarrel with Leonora at Leyden's house, where they were drinking gin. Thereafter, [accused-appellant Edgar] asked Leonora what [his] wife did which caused their frequent quarrel. [However,] x x x Leonora pointed a knife at him and said that his wife kept on fighting back. Leonora then stood with the knife still pointing at accused-appellant [Edgar], who tried to resist the instrument. During the struggle, accused-appellant [Edgar] allegedly saw Leyden's husband approaching with something to hit him, so he pushed Leonora inside Leyden's house. Accused-appellant [Edgar] testified that he did not notice if the knife caused any injury. Thus, he left and went back on the road to look for his family

ISSUE:

                Whether or not the CA erred in convicting the accused-appellant

HELD:

                Yes. He should be convicted of Homicide. It is settled that findings of fact of the trial courts are generally accorded great weight; except when it appears on the record that the trial court may have overlooked, misapprehended, or misapplied some significant fact or circumstance which if considered, would have altered the result. There is also no basis for the Court to appreciate the qualifying circumstance of evident premeditation. There is evident premeditation when the following elements concur: ( 1) the time when the accused determined to commit the crime; (2) an act manifestly indicating that the accused had clung to his determination to commit the crime; and (3) the lapse of a sufficient length of time between the determination and execution to allow him to reflect upon the consequences of his act. In this case, evident premeditation was not established because the prosecution's evidence was limited to what transpired in the house of Leyden at 9:40 in the evening of July 19, 2004, when accused-appellant Edgar stabbed Leonora, while the latter was having a conversation with Leyden. The prosecution did not present any proof showing when and how accused-appellant Edgar planned and prepared to kill Leonora. Wherefore, Edgar guilty of Homicide.