328 Phil. 1208
ROMERO, J.:
Appellant pleaded not guilty to each of the crimes charged in the foregoing Informations. The three cases were tried jointly and on June 14, 1993, the trial court rendered a decision, the dispositive portion of which states:"I N F O R M A T I O N
The undersigned hereby accuses ROGER N. AUSTRIA @ "Bernie" of the crime of FRUSTRATED MURDER, committed as follows:
That on or about the 25th day of September 1989, in the morning, in barangay Domalandan West, municipality of Lingayen, province of Pangasinan, New Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused armed with a bladed weapon, with intent to kill, with treachery and taking advantage of his superior strength, did then and there wilfully, unlawfully and feloniously assault and stab Mylene Samson in her dwelling, inflicting upon her the following injuries:- Stab wound 2 cm. mid epigastric area penetrating - perforating left lobe liver.the accused having thus performed all the acts of execution which would have produced the crime of Murder as a consequence but which, nevertheless, did not produce by reason of causes independent of the will of the accused, that is, the timely medical assistance rendered to said Mylene Samson which prevented her death, to her damage and prejudice.
- Stab wound 2 cm. left hypochondriac area with omental avisceration, penetrating lacerating the body of pancreas,
Contrary to Art. 248 in relation to Art. 6 of the Revised Penal Code.
Lingayen, Pangasinan, November 20, 1989.[1]x----------------------------------------------------------------------xI N F O R M A T I O N
The undersigned hereby accuses ROGER AUSTRIA y Navarro @ "Bernie" of the crime of MURDER, committed as follows:
That on or about 1:00 o’clock in the morning of September 25, 1989, at barangay Domalandan West, municipality of Lingayen, province of Pangasinan, New Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a pointed sharp bladed weapon, with intent to kill, with treachery, evident premeditation and taking advantage of superior strength, did then and there wilfully, unlawfully and feloniously stab Myrna C. Samson, inflicting upon her the following injuries:
Thoracic Cage:
Neck -stab wound 1 inch wide 1 inch deep, left, side.
Shoulder -stab wound 1 inch wide, thru & thru lateral third, right.
Chest -presence of multiple stab wounds, nine (9) in number of same
sizes, 1 inch wide, but different depths of penetration.
Abdomen -stab wound 1 inch wide, 7 inches depth 1/2 inch away from
the navel right side.
-stab wound 1 inch wide, 5 inches in depth, above eliac chest
left side.
Extremities:
Upper -stab wound 1 inch wide, three inches deep, middle portion of
arm, lateral side left.
-incised wound 2 inches long, one (1) inch below cubital
fosea left forearm.
-incised wound 2 inches long, lateral side arm, right.
-incised wound 2 inches long palm, left.
which caused her death as a consequence, to the damage and prejudice of her heirs.
Contrary to Art. 248 of the Revised Penal Code.
Lingayen, Pangasinan, November 20, 1989.[2]x-----------------------------------------------------------------------xI N F O R M A T I O N
The undersigned hereby accuses ROGER AUSTRIA alias "Bernie" of the crime of MURDER, committed as follows:
That on or about September 25, 1989 in barangay Domalandan West, municipality of Lingayen, province of Pangasinan, New Republic of the Philippines and within jurisdiction of this Honorable Court, the above-named accused armed with a "balisong," with intent to kill and by means of treachery and with abuse of superior strength did then and there wilfully, unlawfully and feloniously assault and stab Tyrone Samson inflicting upon him the following injuries:
CHEST:
-stab wound 1 inch wide, 1/2 inch deep, manubruim sterne,
-stab wound 1 inch wide, 1/2 inch deep just above the right
areola,
-stab wound 1 inch wide, 1/2 inch deep, level of the 4th KS
mid-axillary line, right side.
BACK:
-presence of multiple stab wounds, seventeen (17) in number
with uniform width, (1 inch wide) but different depth
raging from 1/2 inch to nine (9) inches.
UPPER EXTREMITY:
-stab wound, 1 inch wide, 1 inch deep arm, right.
LOWER EXTREMITY:
-stab wound 1 inch wide, 2 1/2 inch deep lateral side, thigh
right,
-stab wound 1 inch wide, 3 inches deep lateral side, thigh,
left.
-stab wound 1 inch wide, 7 inches deep below the tip of
scapula, right penetrating the lower lobe of right lung;
-stab wound 1 inch wide, 8 inches deep level of the 6th
entercostal space, posterior axillary line, left side, penetrating the lower lobe of left lung;
-stab wound, 1 inch wide, 9 inches deep, level of the 7th
entercostal space, posterior axillary line, left side,
penetrating the inferior lobe of left lung.
which injuries directly caused his death to the damage and prejudice of his heirs.
Contrary to Art. 248 of the Revised Penal Code.
Lingayen, Pangasinan, November 20, 1989."[3]
"WHEREFORE, the accused, Roger Austria y Navarro, alias "Bernie", is hereby found guilty beyond reasonable doubt of the three (3) crimes of Murder on two (2) counts, defined and penalized under Article 248 of the Revised Penal Code under Criminal Case Nos. L-4168 and L-4189, and, under Criminal Case No. L-4166, of Frustrated Murder, defined and penalized under Article 248 in relation to Article 6 of the Revised Penal Code, and he is hereby sentenced to suffer the following penalties:The prosecution’s version of the events leading to appellant’s conviction is as follows:
Under Criminal Cases Nos. L-4168 and L-4169, imprisonment of double reclusion perpetua; and
Under Criminal Case No. L-4166, Four (4) Years and Six (6) Months of prision correccional to Sixteen (16) Years and Six (6) Months of prision mayor;
And under the said three (3) cases, to indemnify the heirs of Myrna dela Cruz Samson in the amount of P50,000.00, and the heirs of Tyrone Samson in the same amount of P50,000.00, and Mylene Samson in the amount of P40,000.00.
And to pay costs.
SO ORDERED."[4]
"In view of the foregoing history, examinations, interviews, and observations, the patient Roger N. Austria is found to be suffering from a long-standing illness classified as Schizophrenic Psychosis, Paranoid type. This is manifested by the patient as follows: (1) deterioration in areas of work, social relations, and personal hygiene; (2) auditory hallucinations; (3) incoherence and irrelevance; (4) talking by himself; (5) delusions of granduer; (6) delusion of persecution; (7) poor impulse control, judgment, and insight; (8) walking aimlessly; (9) failure to sleep well; and (10) violent and destructive behavior."[7]The trial court, however, found that appellant was sane when he committed the crimes charged and forthwith convicted him.
In amplification of his first assignment of error, appellant contends that he was first admitted to a Mental Hospital in 1972, diagnosed with Schizophrenic Psychosis, Paranoid type and was confined therein for about a month; the second time in 1977 for three weeks, the third time in 1988 for about a month, and the last time on April 8, 1991.[8]"I
THE COURT A QUO ERRED IN NOT GIVING PROBATIVE WEIGHT TO THE TESTIMONY OF AND PSYCHIATRIC EVALUATION BY DR. CONSTANTINE D. DELLA FINDING THE ACCUSED ROGER AUSTRIA TO BE LABORING FROM A LONG-STANDING MENTAL ILLNESS CLASSIFIED AS "SCHIZOPHRENIC PSYCHOSIS," PARANOID TYPE.II
THE COURT A QUO ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCES OF TREACHERY AND ABUSED (SIC) OF SUPERIOR STRENGTH AGAINST THE ACCUSED AND CONSEQUENTLY IN SENTENCING THE ACCUSED OF DOUBLE RECLUSION PERPETUA IN CRIMINAL CASES NOS. L-4168 AND L-4169 AND IN CRIMINAL CASE NO. L-4166 FOR FOUR (4) YEARS AND SIX (6) MONTHS OF PRISION CORRECCIONAL TO SIXTEEN (16) YEARS AND SIX (6) MONTHS OF PRISION MAYOR."
"Frequently the prepsychotic personality of the paranoid schizophrenic is characterized by poor interpersonal rapport. Often he is cold, withdrawn, distrustful, and resentful of other persons. Many are truculent, have a chip-on-the-shoulder attitude, and are argumentative, scornful, sarcastic, defiant, resentful of suggestions or of authority, and given to caustic remarks. Sometimes flippant, facetious responses cover an underlying hostility.Does schizophrenia therefore fall under the recognized definitions of insanity which would qualify it as an exempting circumstance? It depends.
x x x. The patient’s previous negative attitudes become more marked, and misinterpretations are common. Ideas of reference are among the first symptoms. Disorders of association appear. Many patients show an unpleasant emotional aggressiveness. Through displacement, the patient may begin to act out his hostile impulses. His grip on reality begins to loosen. At first his delusions are limited, but later they become numerous and changeable x x x. Delusions of persecution are the most prominent occurrences in paranoid schizophrenia, but expansive and obviously wish-fulfilling ideas and hypochondriacal and depressive delusions are not uncommon. With increasing personality disorganization, delusional beliefs become less logical. Verbal expressions may be inappropriate and neologistic. The patient is subjected to vague magical forces, and his explanations become extremely vague and irrational. Imaginative fantasy may become extreme but take on the value of reality. Repressed aggressive tendencies may be released in a major outburst; some inarticulate paranoids may manifest an unpredictable assaultiveness. Many paranoid schizophrenics are irritable, discontented, resentful, and angrily suspicious and show a surly aversion to being interviewed. Some manifest an unapproachable, aggressively hostile attitude and may live in a bitter aloofness."[13]
"PROS. BUGARIN: "He also testified that when the crimes occurred, appellant was suffering auditory hallucinations and having a relapse.[20]
Q. With this kind of mental illness, Doctor, your findings would show that with the proper application of medicines, the patient will be cured?
A. The admission will not provide cure, but only improvement of the patient. It is like a diabetes. The medications will only control the sickness but will not actually eradicate the disease."[19]
"In September 1989, Roger was behaving unusually again. The auditory hallucinations recurred; this time he was hearing the devil speaking to him, he was unable to sleep well at night and he walked aimlessly. One week later, on September 24, 1989, after having been intoxicated by ten bottles of beer he was suddenly overpowered by the urge to have sexual intercourse with Myrna. In the darkness of the night, he went to Myrna’s house to find her and her children fast asleep. She (sic) forced her into having sex with him but Myrna vehemently resisted. In that moment of rejection, Roger remembered having been ordered by voices coming from the environment to kill Myrna, he immediately took hold of a knife and stabbed Myrna to death. Myrna’s two children who witnessed the crime cried frantically. Again, the voices commanded Roger to kill both children. He succeeded in killing one but the other, while sustaining several wounds, survived. In his frenzy, he inadvertently lacerated his right palm. After the attack, he hurried home." (Psychiatric Evaluation, Re: Roger N. Austria, p. 3).The Court is convinced that the testimonial and documentary evidence marshalled in this case by acknowledged medical experts have sufficiently established the fact that appellant was legally insane at the time he committed the crimes. His previous confinements, as early as 1972, his erratic behaviour before the assaults and Dr. Della’s testimony that he was having a relapse all point to a man deprived of complete freedom of will or a lack of reason and discernment that should thus exempt him from criminal liability. However, he is still civilly liable under Article 101 of the Revised Penal Code which states:
"ART. 101. Rules regarding civil liability in certain cases. - The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules:Thus, following the above provision, the accused must make indemnification to the heirs of his victims, Myrna C. Samson and Tyrone Samson and to the victim who survived, Mylene Samson, in the following amounts:
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardianship, or control or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
Second. In case falling with subdivision 4 of article 11, the person for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events whenever the damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of article 12, the persons using violence or causing the fear shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution."
1. P50,000.00 to the heirs of Myrna dela Cruz Samson;Finally, since appellant is not criminally responsible, the aggravating circumstances of treachery and abuse of superior strength are not applicable either. For the above aggravating circumstances to be appreciated, it must be shown that appellant consciously adopted the same as a mode of attack against his victims to insure its commission without risk to himself.[21]
2. P50,000.00 to the heirs of Tyrone Samson; and
3. P40,000.00 to Mylene Samson.