People v. Fernandez (G.R. No. 139622)

 

G.R. No. 139622            

July 31, 2001

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

PEDRO PERRERAS @ PEPOT and BOY FERNANDEZ (at large), accused.

Facts:

One night, Pedro Parreas together with Boy Fernandez, approached Leonardo Salazar who was engaged in idle banter with some of the residents of the barrio in a waiting shed. Pedro asked Leonardo if Manoling Pastoral was home. Leonardo nodded and they asked for directions where his house was. Leonardo excused himself from the crowd and walked towards Estanislao Salo’s house which was 10 meters away while the two accused followed him while holding a bottle of beer. The two accused then asked Joel, the son of Estanislao where Manoling’s house is. 

Pedro stopped by the window of Estanislao’s house and the place was lit by a mercury lamp that was 12 meters away. When Pedro saw Estanislao he rolled up his sleeves, drew a gun from his waist, and fired at Estanislao, hitting him on the head. Leonardo was 10 meters away when he saw the accused shoot the victim who was sitting on a chair and watching TV. Leonara Salo, Estanislao's wife, was washing dishes in the kitchen when she heard the gunshot. She rushed to the living room and saw her husband lying on the floor. She held him in her arms and shouted for his name as if to bring him back to life. When the two accused fled the scene, Leonardo immediately went to the house of Saturnino Maramba, a barangay councilor and then both of them went to the house of SPO2 Dacanay.

Estinaslao was rushed to the hospital but he died the following morning. A doctor conducted an autopsy and he explained in court that the victim was shot in the left side of the top portion of the head and the shot was fired at close range. Pedro was subsequently arrested while Boy is nowhere to be found.

In his defense, he claimed that that  was in Isabela  during the commission of the crime. He also denied that he admitted to SPO4 Flores that he murdered Estanislao Salo. He also testified that he was mauled by Estanislao Salo's two sons and nephew while he was detained in the Dagupan police station. He also said that Boy Fernandez was dead. The prosecution presented evidence that claims that Boy is still alive.

Issue:

Is the crime aggravated by dwelling?

Ruling:

Yes. The sanctity of privacy of the victim was violated making the accused more guilty. It does not matter that the accused fired the shot from the outside because the victim was shot inside his house. For the circumstance of dwelling to be aggravating, there is no need for the accused to be in the dwelling of the victim, it is enough that the victim was attacked inside his house.