People v. Fallorina G.R. No. 137347

 

G.R. No. 137347             

March 4, 2004

PEOPLE OF THE PHILIPPINES, appellee,

vs.

PO3 FERDINAND FALLORINA Y FERNANDO, appellant.

Facts:

The victim, 11-year-old Vincent Jojoro, was flying a kite with his friend Whilcon on the roof of an abandoned carinderia. Beside the carinderia was a basketball court. The accused, PO3 Ferdinand Fallorina, drove by the carinderia on his motorcycle.Ricardo who was playing basketball at the time heard the motorcycle. He knows that the accused did not like it when people would go on the roof of the carinderia. So, he told the two boys to go down from the roof. Whilcon went down while the victim laid flat. He was about to go down when the accused stopped his motorcycle and shouted "Putang inang mga batang ito, hindi kayo magsibaba d'yan!". 

The accused brought out his .45 caliber pistol and shot the victim. But he also carried the victim and immediately brought him to the hospital. 

In his defense, he said that his gun fell down and accidentally discharged which led to the death of the victim. The accused shortly after surrendered himself to the police. The RTC found the accused guilty of murder qualified by treachery.

Issue:

Can the aggravating circumstance of treachery be appreciated?

Ruling:

Yes. ARTICLE 14. Aggravating Circumstances. — The following are aggravating circumstances:

16. That the act be committed with treachery (alevosia).

The essence of treachery is the sudden and unexpected attack on an unsuspecting victim without the slightest provocation on his part; When an adult person illegally attacks a child, treachery exists.—The essence of treachery is the sudden and unexpected attack on an unsuspecting victim without the slightest provocation on his part. 

Nonetheless, Vincent was an eleven-year-old boy. He could not possibly put up a defense against the appellant, a police officer who was armed with a gun. It is not so much as to put emphasis on the age of the victim, rather it is more of a description of the young victim’s state of helplessness. Minor children, who by reason of their tender years, cannot be expected to put up a defense. When an adult person illegally attacks a child, treachery exists.