People vs. Bernabe (Case Digest)

People vs. Bernabe (Case Digest)

G.R. No. 185726, October 16, 2009

By: G-one T. Paisones

In the evening of May 25, 2005, accused-appellant invited Jomar, Alvin, and three girls known only as Kambal, Mandy, and Cherry to his house for a drinking spree. Accused-appellant allowed his guests to stay on and sleep in his bedroom.

At about 2:00 a.m. of May 26, 2005, Jomar was awakened by the voice of accused-appellant. Outside the house, they met the victim Jann Michael Olivo. While the three were walking along Chico Street, the victim told accused-appellant that he knew the latter. Accused-appellant poked a gun at the victim and ordered the latter to go with them to accused-appellants house where he started questioning the victim why the latter was roaming around the house. Jomar, who was in the bedroom, heard accused-appellant strongly utter the words, Sino ang nagbayad sa iyo na subaybayan ako, to which the victim answered Walang nagutos sa akin na subaybayan ka. Then, Jomar heard some punching sounds and then he heard a person plead, Kuya Bong parang awa niyo na ho kahit dito na lang ako tumira sa inyo, huwag mo lang akong patayin. 

Jomar peeped outside the bedroom. He saw accused-appellant holding a piece of wood while the victim was sitting near the front door of the house. He also saw Alvin, who was seemingly frightened, seated near another room. Jomar stayed inside the bedroom from where he saw accused-appellant hit the victim thrice with the piece of wood until it broke. Accused-appellant then instructed the weakened victim to undress while he went to the kitchen to get a toothbrush and some lotion. Accused-appellant commanded the victim to bend over and the former then put lotion on the victims butt. The victim shouted in pain as accused-appellant inserted the toothbrush into the victim’s anus.

Issue:

            Whether or not the there is special complex crime attendant in the case?

Held:

Beating the victim thrice with a piece of wood and inserting toothbrush into the anal orifice while the victim was dying is not special complex crime. There is treachery, which qualified the killing of Jann Michael Olivo to Murder and aggravating circumstance of cruelty which aggravated the murder because inserted the toothbrush into the victim’s anus was unnecessary to the commission of the crime.