Case 19

G.R. 215720 – Feb. 21, 2018

People of the Philippines v Oscar Mat-an y Escad

FACTS:

On April 9, 2009, the victims, Minda, a 61 year old woman and her 18 month old grand-daughter,
Anthonette was inside her store in Baguio when the father of Anthonette, Oscar, entered looking for
Minda’s daughter, his spouse. Oscar being intoxicated, an argument ensued between the two resulting
to Minda asking him to leave and return when sober. After which, the witness heard the victim moaning
and saw Oscar stab the victim again twice more.

The Minda died sustaining 4 stab wounds, 3 of which is were fatal. Anthonette sustained one superficial
stab wound in the nape area.

Oscar was charged with attempted homicide for Anthonette and murder for Minda with aggravating
circumstance of evident premedication and abuse of superior strength because Oscar is a 5’11 tall man
armed with a knife versus a baby and a 61 year old 4’11 tall woman.

The Court of Appeals modified the previous decision, evident premeditation cannot be appreciated. The
prosecution failed to prove the time when Oscar made the decision to kill Minda. Also, there is no
sufficient evidence to convict him to attempted homicide regarding Anthonette. The intent to kill was
not proven by the prosecution. It was reduced to slight physical injury because Anthonette only suffered
superficial injuries.

Issue; WON the lower courts made a mistake in their conviction

HELD:

No. the Supreme Court agreed with the decision of the CA. There was only abuse of superior strength. It
is present when a man, armed with a deadly weapon, attacks an unarmed man and defenseless. They
also agree to lowering the crime committed to the baby because of failure to prove intent to kill and the
wounds sustained was only superficial. The Intoxication cannot be appreciated as an alternative
circumstance due to insufficient evidence presented.
Case 20

G.R. No. 177223 November 28, 2007

People of the Philippines v Castor Batin

FACTS

On October 21, 1994, in Quezon City Philippines, Castor Batin and his son, Neil Batin was accused of
killing a Eugenio Refugio y Zosa with the aggravating circumstance of treachery, taking advantage of
superior strength and evident premeditation. The act was committed by shooting the victim twice with a
hand gun to the right side of the stomach. However Castor and Neil pleads not guilty.

Testimony from the victim’s wife saying that Castor shouted “huwag” Neil at a distance but later
ordered him to shoot Eugenio. Other witnesses validated Josephine’s testimony.

On the medico legal report, the gun shot was fatal resulting to the victim’s death.

On Castor’s appeal in the Court of Appeals, they affirmed the RTC decision resulting to filing a case in the
Supreme Court.

Issue

1. WON castor is guilty as principal for inducement for the crime

2. WON treachery be appreciated

HELD

1. Yes. Castro induced Neil stating: “sige, banatan mo na” and Neil shot the victim twice, proving
the indispensable cooperation in the murder. The witnesses were credible and all their
testimonies match. The utterance of “HUWAG” is not to stop Neil from firing the gun but for
Castro to use the gun because during of which they are grappling each other for the use of the
said gun. It proves that there is an express agreement to commit the felony
Inducement may be by acts of command, advice or through influence or agreement for
consideration. The words of advice or the influence must have actually moved the hands of the
principal by direct participation. Neil asking his father whether to shoot the victim and Castro
replying yes to his son is a clear inducement.
2. Treachery is when the offender commits any of the crimes against a person, employing means,
methods, or forms in the execution thereof which tend directly and specially to ensure its
execution, without risk to himself arising from the defense which the offended party might
make. Treachery is present. the victim is in between a mango tree and Josephine who had her
arms on his shoulder. In that positioning, the victim has no means to put on a defense. It
ensures the execution of the murder.