In Esqueda v. People, the Supreme Court of the Philippines clarified the application of treachery in frustrated murder cases, underscoring how the suddenness and deliberateness of an attack can elevate a charge from frustrated homicide to frustrated murder. The court emphasized that treachery exists when the offender employs means to ensure the execution of the crime without risk to themselves, arising from any defense the offended party might make. This ruling illustrates the critical importance of understanding the elements of treachery in determining the severity of criminal charges.

From Fishing Trip to Fatal Stabbing: Did Treachery Attend the Crime?

This case originated from an incident on March 3, 1999, in Nagbinlod, Sta. Catalina, Negros Oriental, where Edgar Esqueda and an unidentified accomplice attacked Venancia Aliser and Gaudencio Quiniquito. Esqueda was charged with two counts of frustrated murder for the stabbings. The Regional Trial Court (RTC) acquitted Esqueda in the case involving Quiniquito but found him guilty of frustrated homicide in the case involving Aliser. Esqueda appealed, but the Court of Appeals (CA) affirmed the RTC’s decision. The case eventually reached the Supreme Court (SC) to determine the presence of treachery, which would qualify the crime as frustrated murder, and to assess Esqueda’s culpability beyond a reasonable doubt.

Esqueda anchored his defense on alibi and denial, claiming he was trawl-fishing at sea during the incident. His witnesses corroborated his claim, placing him away from the crime scene. However, the prosecution presented testimonies from the victims, Venancia and Gaudencio, who positively identified Esqueda as the perpetrator. The trial court favored the prosecution’s evidence, leading to Esqueda’s conviction for frustrated homicide. The Supreme Court reviewed this decision, particularly the finding of whether treachery was present during the commission of the crime.

The Supreme Court delved into the circumstances surrounding the attack to ascertain whether treachery was evident. Treachery, as defined in Article 14, paragraph 16 of the Revised Penal Code, involves employing means, methods, or forms in the execution of the crime that directly and specially ensure its execution, without risk to the offender arising from the defense the offended party might make. Essential elements of treachery include the victim not being in a position to defend themselves and the accused consciously and deliberately adopting a particular means of attack. In the victims’ account, after Gaudencio opened the door, an unidentified man stabbed him. As Venancia warned Gaudencio, Esqueda immediately stabbed her, continuing the assault even as she fell, which demonstrates treachery.

The Court emphasized the suddenness of the attack, which gave Venancia no opportunity to retaliate or defend herself. Before opening the door, the victims had no warning, as Esqueda misrepresented his identity. “The method of attack adopted by the petitioner placed Venancia in a situation where it would be impossible for her to resist the attack or defend her person,” the court noted. Additionally, the intent to kill was evident in the nature and number of wounds inflicted, as well as Esqueda’s persistence in stabbing Venancia even after she fell. Considering these factors, the Supreme Court found that the crime was indeed committed with alevosia, thereby qualifying it as frustrated murder.

Having established treachery, the Supreme Court modified the lower court’s ruling, finding Esqueda guilty beyond reasonable doubt of frustrated murder.

The penalty for frustrated murder is one degree lower than reclusion perpetua to death, which is reclusion temporal.” The Court imposed an indeterminate sentence of eight years and one day of prision mayor, as minimum, to fourteen years, eight months, and one day of reclusion temporal, as maximum. Additionally, the Court awarded damages to Venancia Aliser, including temperate damages of P25,000.00, moral damages of P40,000.00, exemplary damages of P30,000.00, and attorney’s fees of P10,000.00.

FAQs

What is the key element that distinguishes frustrated murder from frustrated homicide?	The presence of treachery (alevosia) is the key element. Treachery means the offender employs means to ensure the execution of the crime without risk to themselves from any defense the victim might make.
What was Edgar Esqueda’s defense in this case?	Esqueda’s defense was based on alibi and denial. He claimed he was trawl-fishing at sea at the time of the incident and could not have been at the crime scene.
How did the Supreme Court define treachery in this case?	The Supreme Court defined treachery as the employment of means, methods, or forms in the execution of the crime that directly and specially ensure its execution, without risk to the offender arising from any defense the victim might make.
What evidence supported the finding of treachery in this case?	The evidence included the suddenness of the attack, the misrepresentation of identity by Esqueda’s accomplice, and Esqueda’s persistence in stabbing Venancia even after she had fallen, giving her no chance to defend herself.
What is the penalty for frustrated murder under the Revised Penal Code?	The penalty for frustrated murder is one degree lower than reclusion perpetua to death, which is reclusion temporal.
What types of damages were awarded to the victim, Venancia Aliser?	Venancia Aliser was awarded temperate damages (P25,000.00), moral damages (P40,000.00), exemplary damages (P30,000.00), and attorney’s fees (P10,000.00).
Why did the Supreme Court increase the penalty from frustrated homicide to frustrated murder?	The Supreme Court increased the penalty because it found that the attack was committed with treachery (alevosia), which qualifies the crime as frustrated murder.
What factors are considered to prove intent to kill in a frustrated murder case?	The Court examines: (a) motive; (b) the nature or number of weapons used; (c) the nature and number of wounds inflicted; (d) the manner the crime was committed; and (e) the words uttered by the offender.
How does a victim’s warning of danger impact a finding of treachery?	Even if the victim is warned, treachery exists if the victim is defenseless and unable to flee. A swift, sudden, attack under these conditions demonstrates treachery.

The decision in Esqueda v. People serves as a crucial reminder of the significance of proving treachery in elevating a criminal charge to frustrated murder. This ruling illustrates the rigorous standards of evidence required to establish intent and method in violent crimes, reinforcing the legal protection afforded to individuals against deliberate and deceitful acts of aggression.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Esqueda v. People, G.R. No. 170222, June 18, 2009