PEOPLE v.

DELIM, 28 Jan 2003, GR No, 142773

Callejo Sr., J.

FACTS
Jan 23, 1999, five people (all surnamed Delims) broke in Modesto Delim’s (he
used the surname after being “adopted” by a relative of the accused) house and
hogtied him in front of his wife (Rita) and son (Randy), and took him away. After
first trying to find his father by himself, Randy alerted police authorities who found
Modesto’s dead body among the bushes. Modesto ended up having 5 gunshot
wounds and 7 stab wounds.

RTC finds them guilty for Aggravated Murder, sentenced them to death penalty.
CA certifies for automatic Supreme Court review (death penalty).

ISSUES / RATIO:
1. Is the crime kidnapping or murder? MURDER
In determining which crime is to be charged in an Information, what
is controlling are the facts on material inculpatory facts. If a specific
intent is determinative of the crime charge, such specific intent
must be alleged in the Information. In this case, the facts prove
that the barging in and the “kidnapping” was done to kill Modesto.
There is no allegation in the formation that the specific intent of the
Delims was to merely deprive the freedom of Modesto. Also, that if
one person dies because of a deliberate act of the malefactor,
intent to kill is presumed.

2. Are they guilty of murder or homicide? HOMICIDE.

Qualifying circumstances (such as treachery) must be alleged and
proved clearly and conclusively. Also, because the Information
did not allege the special aggravating circumstance in the
felony of homicide or murder nor the fact that the crime was
committed inside the dwelling, the Court will not appreciate
these aggravating circumstances.
 

Leor Jyle C. Sulit