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Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION

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PEOPLE OF THE PHILIPPINES,
                                  Appellee,

G.R. Nos. 143435-36
November 28, 2003

-versus-
 

ALEX FLORES Y LOPEZ,
                       Appellant.
 
 

D E C I S I O N



 

CALLEJO, SR., J.:

This is an appeal from the Decision[1] of the Regional Trial Court of Quezon City, Branch 95, convicting appellant Alex Flores y Lopez of attempted murder in Criminal Case No. Q-99-84269 and consummated murder in Criminal Case No. Q-99-84270 and sentencing him to suffer the penalty of reclusion perpetua in the latter case.chan robles virtual law library

The Indictments

The appellant was charged with attempted murder in an Information, the accusatory portion of which reads:

That on or about the 7th day of June 1999, in Quezon City, Philippines, the said accused, with intent to kill, qualified by evident premeditation and treachery taking advantage of superior strength, did then and there willfully, unlawfully and feloniously commence the commission of the crime of murder directly by overt acts by then and there stabbing one GERY QUEZON y BUO with a fan knife, but the said accused was not able to perform all the acts of execution which would produce the crime of murder as a consequence by reason of some causes, other than by his own spontaneous desistance, that is, said GERY QUEZON y BUO was able to parry the thrust, to the damage and prejudice of the said offended party.

CONTRARY TO LAW.[2]

He was charged of murder in an Information, the accusatory portion of which reads:
That on or about the 7th day of June 1999, in Quezon City, Philippines, the said accused, with intent to kill, qualified by evident premeditation and treachery, taking advantage of superior strength, did then and there willfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of SONY QUEZON y BUO, by then and there stabbing the victim with a fan knife, hitting him on the chest, while said victim was sleeping, thereby inflicting upon said SONY QUEZON y BUO serious mortal wound, which was the direct and immediate cause of his untimely death, to the damage and prejudice of the heirs of the said accused.chan robles virtual law library

CONTRARY TO LAW.[3]

The appellant was arraigned on June 28, 1999, assisted by counsel, and entered a plea of not guilty.

As synthesized by the trial court, the evidence of the prosecution is as follows:

The prosecution presented Dr. Tomas Suguitan, the medico-legal officer who conducted the autopsy on the body of the victim of the murder case, Sony Quezon y Buo; Gery Quezon y Buo, the prosecution's eyewitness; PO2 Marlon Rivera, the police investigator; Dr. Aida Ico, the medico-legal officer who treated the victim in the attempted murder case, Gery Quezon y Buo; and S/G Rotelo Miro, the security guard of Baliwag Bus Terminal, whose testimonies may be summed as follows:chan robles virtual law library
On June 7, 1999 at 4:00 in the morning, inside the construction site at Annapolis Street, Cubao, Quezon City, Gery Quezon, the victim in the attempted murder case (Crim. Case No. Q-99-84269) and his brother, Sony Quezon, the victim in the murder case (Crim. Case No. Q-99-84270) were sleeping when the accused, Alex Flores, a co-worker of the victims, who slept on the upper portion of the building being constructed, suddenly stabbed the chest of Sony Quezon who was lying on the floor. Thereafter, Gery Quezon, who was sleeping near his brother Sony Quezon heard his brother shouting "Putang ina mo" that awakened him. Before Gery Quezon could help his brother, the accused suddenly stabbed Gery Quezon twice with a batangas knife which the latter was able to parry. The two (2) stabbing thrusts, however, caused injuries on Gery's hands. Thereafter, the accused, Alex Flores, ran while the two brothers, Sony and Gery, gave chase. The two (2) brothers, Gery and Sony, however, failed to catch up with the accused as the latter was running very fast and Sony Quezon suddenly stumbled on the pavement. When Gery Quezon saw his brother stumbling on the pavement, Gery Quezon carried and boarded him to the hospital. At the hospital, Gery Quezon was treated as may be shown from the Medical Certificate (Exhs. "F" to "F-2"), while Sony Quezon was declared dead on arrival. As a result of the incident, Gery Quezon executed a Sworn Statement (Exhs. "G" to "G-2") detailing as to how the stabbing incident took place.chan robles virtual law library

In the meantime, the accused Alex Flores, who ran away from the construction site, was seen in the vicinity of the Baliwag Transit not far from the place of the incident by a tricycle driver who called the attention of security guard, Rotelo Miro, from the bus station. Alex Flores was immediately apprehended by the said security guard. The accused was turned over to the police station for further investigation. Security guard Rotelo Miro later on gave his sworn statement (Exhs. "J" & "J-1") to the police investigator.

Meanwhile, police investigators led by PO2 Marlon Rivera, respondent to the crime scene and found within the vicinity of the place of the incident a balisong or lanseta which the police officer turned over to the Crime Laboratory Services to determine the presence of human blood as evidenced by the Letter-Referral addressed to the PNP Crime Laboratory Services (Exhs. "I" to "I-2").

The body of Sony Quezon was then referred to the PNP Crime Laboratory for autopsy as seen in the Letter-Request dated June 7, 1999 (Exhs. "A" & "A-1") and in connection therewith, Gery Quezon, brother of Sony Quezon, executed a Certificate of Identification and Consent for Autopsy (Exhs. "B" & "B-1").chan robles virtual law library

Dr. Tomas Suguitan, medico-legal officer, then conducted an autopsy on the body of Sony Quezon and placed in writing his findings in Medico-Legal Report No. M-0512-99 (Exhs. "C" to "C-4"), the pertinent findings of which state as follows:chan robles virtual law library
x    x    x                               x    x    x                               x    x    x

1. Abrasion, frontal region, measuring 0.5 x 0.2 cm., 6.5 cms. right of the anterior midline.

2. Stab wound, left mammary region, measuring 1.7 x 0.7 cm., 1.5 cms. from the anterior midline, 8 cms. deep, 119 cms. from the heel, directed posteriorwards, upwards and medialwards, fracturing the sternum at the level of the 3rd rib, piercing the pericardial sac and the ascending aorta.chan robles virtual law library

x    x    x                               x    x    x                               x    x    x

Aside from the Medico-Legal Report, Dr. Suguitan likewise prepared a human sketch detailing the locations of the wounds (Exhs. "D" to "D-2") sustained by the victim. Finally, he prepared a Certificate of Death (Exhs. "E" to "E-3") of Sony Quezon which he signed at the dorsal portion.

Dr. Suguitan gave the expert opinion that the victim died because of the stab wound on the chest (Exhs. "D" to "D-2") as it penetrated the aorta, a big blood vessel which connected directly to the heart, and the stab wound was caused by a bladed instrument. He further testified that the abrasions might have been caused by a direct contact of the skin with a rough surface and are consistent with falling to the ground.

Gery Quezon, the eyewitness and the victim of the attempted murder case, was himself treated at the East Avenue Medical Center for his wounds by Dr. Aida Ico which medico-legal findings are embodied in the Medico-Legal Certificate issued on June 7, 1999 (Exhs. "F" to F-2"), the pertinent portion of which are hereby quoted as follows:chan robles virtual law library

x    x    x                               x    x    x                               x    x    x

1. laceration dorsum, L wrist (4 cms.)
2. laceration web bet. thumb & index finger L (4 cms.).

After the investigation of the case and the pieces of evidence already collated, P/Insp. Timoteo Gascon Pacleb made a Letter-Referral (Exhs. "H" to "H-2") addressed to the Office of the City Prosecutor for the conduct of inquest proceedings.[4]chan robles virtual law library

The trial court summarized the evidence of the appellant, thus:

On June 6, 1999 at about 11:00 in the evening, the accused was having a drinking session with Gery, the victim in the attempted murder case, and a certain Rick inside the construction site at Annapolis Street, Cubao, Quezon City. Gery and Rick had a heated argument regarding the liquor that they were drinking. Because there was so much noise, he called Gery's attention and demanded him to be quiet which irritated Gery. Thereafter, he went to the upper floor on the left side while Gery and Rick were left behind. At 4:00 in the morning of the following day, while he was going down near the door, Gery hit him with a piece of wood. After he was hit, he turned around and pickeRevised Penal Code[1] Penned by Judge Diosdado M. Peralta, now Associate Justice of the Sandiganbayan.
[2] Records, p. 1.chan robles virtual law library
[3] Rollo, p. 3.chan robles virtual law library
[4] Rollo, pp. 15–17.chan robles virtual law library
[5] Id. at 17–18.chan robles virtual law library
[6] Id. at 23.chan robles virtual law library
[7] People v. Ocsimar, 253 SCRA 689 (1996).chan robles virtual law library
[8] People v. Tuson, 261 SCRA 711 (1996).chan robles virtual law library
[9] People v. Rabanal, 349 SCRA 655 (2001).chan robles virtual law library
[10] Calim v. Court of Appeals, 351 SCRA 559 (2001).chan robles virtual law library
[11] People v. Baldogo, G.R. Nos. 128106-07, January 24, 2003.chan robles virtual law library
[12] TSN, 21 September 1996, p. 61.chan robles virtual law library
[13] People v. Tumayao, 356 SCRA 491 (2001); Calim v. Court of Appeals, supra; People v. Janairo, 311 SCRA 58 (1999); People v. Piamonte, 303 SCRA 577 (1999); People v. Tampon, 258 SCRA 115 (1996); People v. Gregorio, 255 SCRA 380 (1996).chan robles virtual law library
[14] Exhibit "H;" TSN, 17 August 1999, pp. 2–4.chan robles virtual law library
[15] TSN, 6 September 1999, p. 6.chan robles virtual law library
[16] Ibid.chan robles virtual law library
[17] Id.chan robles virtual law library
[18] Id.chan robles virtual law library
[19] Exhibit "2" & "B."chan robles virtual law library
[20] TSN, 16 September 1999, p. 6.chan robles virtual law library
[21] TSN, 21 September 1999, p. 5.chan robles virtual law library
[22] Records, p. 90.chan robles virtual law library
[23] People v. Salvador, 279 SCRA 164 (1997).chan robles virtual law library
[24] People v. Garcia, 258 SCRA 411 (1996).chan robles virtual law library
[25] People v. Luayon, 260 SCRA 739 (1996).chan robles virtual law library
[26] TSN, 13 August 1999, pp. 14–15.chan robles virtual law library
[27] People v. Deopante, 263 SCRA 691 (1996).chan robles virtual law library
[28] People v. Abrazaldo, G.R. No. 124392, February 7, 2003.chan robles virtual law library
chan robles virtual law library

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