TOPIC: ART.

248 MURDER

People vs. Carmina

G.R. No. 81404
January 28, 1991

Facts:

According to the testimony of the victim’s brother, Victoriano Agotano, he and Billy (victim)
were on their way home from their farm when they were intercepted at gunpoint by Valero Carmina,
Ernita (Valero’s wife), Israel (son) and Aileen Masanguid around 5 in the afternoon. They accused Billy
of being a “pulahan” for wearing a red shirt on his head.

They went to a nearby house where Valero and Israel struck Billy on the forehead and chest.
They then marched down Afredo’s house, Victoriano and Billy’s brother. They were ordered to sing
“Lupang Hinirang” and were told that they will die. After 20 minutes, they went to a cousin of the
Agotano’s house where they demanded food and tuba. After drinking tuba, they went to Ramon Katiad’s
house, cook the food, and ate.

At around 10 p.m., Israel told Billy that he is going to kill him. They went outside, he made Billy
kneel and then he shot him on the nape. He then ordered everyone to come outside and see Billy’s
body. He stripped and exposed the body. Using his mother’s bolo, he chopped Billy’s arms and legs and
then beheaded him. He cut open the body’s stomach and pulled out his intestines which he hung
around Victoriano’s neck. And lastly, he pulled out the body’s liver and lungs and shouted, “We will use
this as pulutan!”

He lunged at Victoriano, attempting to kill him next, but he lost his balance enabling Victoriano
to parry a blow. He then ran for his life back to their house. The next morning, they reported the
incident to the authorities.

Issue:

Whether or not the accused is guilty of murder. (yes)

Ruling:

The crime was qualified with treachery because, although the victim was forewarned of his
impending death, he was shot in the back while he was entirely defenseless and the killers were under
no risk whatsoever from any retaliation the victim might make. In People v. Barba,2 the accused pointed
a rifle at the victim from a distance of six meters and said, “Pardong, stand up, we are going to shoot
you!” With hands raised, the victim pleaded, “Do not kill me, investigate first what was my fault!” This
Court held there was treachery when the accused shot and killed the victim.
 Even if treachery were not present in this case, the crime would still be murder because of the
dismemberment of the dead body. One of the qualifying circumstances of murder under Article 248,
par. 6, of the Revised Penal Code is “outraging or scoffing at (the) person or corpse” of the victim. There
is no question that the corpse of Billy Agotano was outraged when it was dismembered with the cutting
off of the head and limbs and the opening up of the body to remove the intestines, lungs and liver. The
killer scoffed at the dead when the intestines were removed and hung around Victoriano’s neck “as a
necklace” and the lungs and liver were facetiously described as “pulutan.”

Wherefore, the appeal is dismissed. The penalty imposed, reclusion perpetua, is AFFIRMED.