Facts: Accused-appellant, Lyndon Flores did then and there willfully, unlawfully and feloniously with treachery assaulted and kicked the vital parts of the victim Manuel Lazarte y Malvar. He was convicted of murder by the trial court after proving his guilt and sentenced to suffer reclusion perpetua. The accused had an altercation with the victim's mother Emperatriz Lazarte regarding a cassette belonging to the former. Afterwards, the accused kicked Ato Lazarte twice in his stomach as the victim was lying unconscious in the pavement. The accused denied of having kicked the victim as he asserts that he merely touched with his right foot. In his petition, accused-appellant that the crime committed is homicide not murder.
Issue: Whether or not the crime committed was murder?
Held: The crime was murder qualified by treachery. An attack upon a victim who was unconscious, thus could not have put up a defense whatsoever is treacherous. Article 14 No. 16 of the Revised Penal Code provides that there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tends directly and specially to insure its execution, without risk to himself arising from the defense which the offended party may make. However the mitigating circumstance of lack of intent to commit so grave a wrong as that committed (Article 13 No. 3) should be appreciated in favor of the accused-appellant. His intention was merely to inflict injuries on the victim. Hence the penalty of reclusion perpetua was reduced to reclusion temporal in it's maximum period.
RTC decision AFFIRMED with modification
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