People V Valdez

People v.
Valdez
Facts: The accused were tried for and convicted of three counts of murder on 2005 by the Regional Trial
Court (RTC) in Quezon City. Co-accused Edwin withdrew from the appeal, leaving Eduardo as the sole
accused in the resolution of the appealed case. Accused herein seek acquittal.
According to the State’s evidence of guilt, they averred that sometime in March 2000, in one evening,
Estrella Sayson, (Estrella) was at the canteen (which also includes a jai alai betting station) in Quezon
City. Estrella was preparing for the celebration of the birthday of her second husband. Estrella’s son, the
deceased Moises, a former policeman, and his wife, Susan owned the said canteen and managed the
betting station. At about 9:00 o’clock in the evening, Estrella’s other sons Joselito and Ferdinand arrived
at the canteen to greet their stepfather. At about 10:00 o’clock in the evening, the celebration was
interrupted with the arrival of Eduardo and Edwin, who alighted from a motorcycle in front of the jai alai
fronton. Accused asked the teller (Jonathan), while attending to other customers, to come out. Moises,
however, approached the accused and tried to pacify them. Estrella prevented Moises not to go near
the accused since she saw the latter armed with guns. Despite this, Moises proceeded and advised the
accused not to force Jonathan to go out of the fronton. Estrella then heard one of the accused-
appellants threaten Moises with the words “Gusto mo unahin na kita?” Moises replied “huwag.”
Successive shots were thereafter heard, leaving Moises dead. Ferdinand approached to help his brother
but was then shot, even Joselito was shot, hitting his back while running.
The accused version of the story had been different but was not given merit by the lower court.
The Information filed by the State includes conspiracy and treachery which qualifies the crime to
murder. On appeal, accused assails among others that the State did not establish the qualifying
circumstance of treachery as alleged in the Information.
Issue: Whether or not the Information sufficiently alleged the attendance of treachery to convict the
accused of three counts of murder?
Held:
NO. The Court pronounced PO2 Valdez guilty of three homicides, instead of three murders, on account
of the Informations not sufficiently alleging the attendance of treachery.
The Court noted that treachery encompasses a wide variety of actions and attendant circumstances, the
appreciation of which is particular to a crime committed. Such variety generates the actual need for the
State to specifically aver the factual circumstances or particular acts that constitute the criminal conduct
or that qualify or aggravate the liability for the crime in the interest of affording the accused sufficient
notice to defend himself. Further the Court laid down its decision in People vs. Dimaano that “No
information for a crime will be sufficient if it does not accurately and clearly allege the elements of
the crime charged. Every element of the offense must be stated in the information.”
Also, the Court ruled that the averments of the Informations to the effect that the two accused “with
intent to kill, qualified with treachery, evident premeditation and abuse of superior strength did xxx
assault, attack and employ personal violence upon” the victims “by then and there shooting them with a
gun, hitting them” on various parts of their bodies “which were the direct and immediate cause of their
deaths” did not sufficiently set forth the facts and circumstances describing how treachery attended
each of the killings. It should not be difficult to see that merely averring the killing of a person by
shooting him with a gun, without more, did not show how the execution of the crime was directly and
specially ensured without risk to the accused from the defense that the victim might make. Indeed, the
use of the gun as an instrument to kill was not per se treachery, for there are other instruments that
could serve the same lethal purpose. Nor did the use of the term treachery constitute a sufficient
averment, for that term, standing alone, was nothing but a conclusion of law, not an averment of a
fact. In short, the particular acts and circumstances constituting treachery as an attendant circumstance
in murder were missing from the Informations.
To discharge its burden of informing him of the charge, the State must specify in the information the
details of the crime and any circumstance that aggravates his liability for the crime. The requirement of
sufficient factual averments is meant to inform the accused of the nature and cause of the charge
against him in order to enable him to prepare his defense. It emanates from the presumption of
innocence in his favor, pursuant to which he is always presumed to have no independent knowledge of
the details of the crime he is being charged with.

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