Valenton, Francis Angelo T.

Criminal Law 2

1S

People vs. Mallari (G.R. No. 145993)

Facts: The appellee is the People of the Philippines. The appellant is Rufino Mallari. In the case
at bar, Liza Galang testified that her common-law husband Joseph admonished the herein
appellant and his two brothers not to drive fast while passing his house. The herein appellant and
his brothers challenged Joseph to a fight. The latter merely ignored such challenge and instead,
he and his two brothers asked apology from the herein appellant. That afternoon of the same day,
Joseph and Liza were watching a basketball game at their barangay basketball court, when
Rufino and his brothers who were carrying bladed weapons arrived and attempted to stab Joseph.
The latter was able to run away but Rufnio boarded a truck and drove it to chase Joseph until the
truck ran over the latter causing his instantaneous death. The RTC found the appellant liable for
murder.

Issue: Is the trial court correct in finding the appellant guilty for murder.

Held: The Supreme Court said that it is provided by the Article 248 of the RPC that a person
who kills another by means of a motor vehicle is guilty of murder. The use of the truck by the
appellant is the qualifying circumstance, which qualify the killing of the deceased, from
homicide to murder. The Supreme Court added that “The evidence shows that Rufino
deliberately used his truck in pursuing Joseph. Upon catching up with him, Rufino hit him with
the truck, as a result of which Joseph died instantly. It is therefore clear that the truck was the
means used by Rufino to perpetrate the killing of Joseph.”