People v. Ursal (G.R. No. L-33768)

 

G.R. No. L-33768

April 20, 1983

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee

vs.

CRISTITUTO URSAL alias TOTONG URSAL, defendant-appellant.

Facts:

According to the prosecution, around 4 PM, Aquilina Lepon (Aquilina), a 53 years old woman, was near the awning of her house when she was suddenly hacked and bolo on the head by appellant Cristuto Usral (Totong Ursal). It was witnessed by Masimina Ortega, a 10-year old girl, who was supposed to buy petroleum at the victim’s store. Upon being hacked, Auquilina ran towards a neighbor's house, her neighbor, Rita Mitante (Rita), who was then feeding her children, saw Aquilina running and screaming for help, saying 'Please help us, because we are being hacked by Totong'. After that, the victim collapsed. 

On the other hand, Aquilina's husband, Severo Lepon, was likewise attacked while he was sleeping near the awning of the house but he fortunately survived. The appellant fled to his house but subsequently sought refuge in a co-laborer's house, and then hid in one of the barrios of Tabogon, Cebu until he was arrested.

On the other hand, the defense argues that on the day of the crime, the appellant went to his father's house in Bo. Gairan, Bogo and stayed there for around one hour and a half before going home. Upon waiting for transportation he sought shelter from the rain in the house of the victim. He witnessed a verbal altercation between the victim and Juanito Nogas (Juanito) in the said place. Juanito then struck  the victim on the head with a piece of wood, causing the victim to fall. Juanito took a bolo from the store and Juanito handed the bolo to the appellant and ordered him to hack Severo who was sleeping. He tried to refuse but Juanito stabbed and hit him in the hand. Afraid of Juanito, he took the bolo and hit Severo in the forehead. After that, both of them run away. That was the time he met Maxima. He further denied to hack Aquilina but he admits hitting Severo. 

Issue: 

Is there the aggravating circumstance of Disrespect due to Rank, Age, and Sex?

Ruling: 

None. In this case, there is no proof that the appellant saw to it that his victim would be a woman. In the case of United States vs. De Jesus, 14 Phil. 190, the aggravating circumstance of sex "is not sustained by the fact that the victim was a woman, unless it further appears that aside from the unlawful taking of her life, there was in the commission of the crime some specific insult or disrespect shown to her womanhood."