162 | Criminal Law 1 Case Digest| People v Sumalpong | Article 14 | Aggravating Circumstance | Evident Premeditation 11 July 2013 PEOPLE

vs. Sumalpong FACTS Accused-Appellants: Gerry Sumalpong and Melchor Fernando Victims: Arola Dilangalen and Mohammad Managuili On January 12, 1994 at about 8:00 oclock in the evening, Arola Dilangalen and Mohammad Managuili alighted at 4J Pizza House along Notre Dame Avenue, Cotabato City to take merienda after escorting their friend home. After both took merienda, they went out of the pizza parlor to wait for a tricycle to take them home. They saw four men near an electric post around five meters away at the other side fronting the 4J pizza parlor, who suddenly and simultaneously stabbed them. Arola Dilangalen died of hemmorhage and antecedent multiple wounds while Managuili, who sustained stab wounds on his right anterior-axillary line, was still rushed to the ER. On Jan 14 94, Police Officer Tayong brought before him 5 persons including appellant Gerry Sumalpong for identification purposes. He was positively identified by Managuili as 1 of the assailants. Two of the 4 men remain at large. CRIME COMMITTED: Murder and Frustrated Murder CONTENTION OF THE ACCUSED: Both appellants denied participation in the crime. Each gave his respective alibi. Fernando said he was working then from 7-10pm at his employers shop, making balusters (railings), taking only 10 min breaks for lunch and supper. He denied previously knowing the accused. Sumalpong claimed that he was a home reading in the evening of Jan 12. This was attested to by his father. CONTENTION OF THE STATE: The residence of Fernando was just a few minutes ride from the scene of the crime. His employer testified that in making balusters, they had to wait for 4 hrs from the time they poured mixed cement into the molding till it hardened. During this wait, Fernando would usually go home to eat and sleep and one would just wake him up when his services were again needed. And it was unusual for Sumalpong, a college student, to be at home and asleep at such an early time in the evening. Moreover, both were positively identified by victim Managuili as those who attacked them. The trial court found the presence of treachery in the sudden and simultaneous attack against the victims who were unarmed and unsuspecting. It also believed that there was conspiracy among the accused. But w/o explanation, it found that evident premeditation aggravated the crime. HELD: Evident premeditation and even voluntary surrender were wrongly appreciated by the trial court. For evident premeditation to aggravate a crime, there must be proof, as clear as the evidence of the crime itself, of the ff elements: (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that he clung to his determination; & (3) sufficient lapse of time between determination & execution, to allow himself to reflect upon the consequences of his act. The Solicitor General correctly observed that these requisites were not duly established by the prosecution. Appellant Fernando claimed he voluntarily surrendered, but the only reason for his supposed surrender was to ensure his safety, his arrest being inevitable, the surrender was not spontaneous and not voluntary. However, from the acts of appellants, it appears that they had a single criminal design -- to kill or injure both Managuili and Dilangalen. Their overt acts point to the mutuality of their unlawful intent. Absent any clear and convincing evidence of evident premeditation or other aggravating / mitigating circumstances. Assailed decision modified. Appellants Gerry Sumalpong and Melchor Fernando are found GUILTY of murder for which they are each sentenced to reclusion perpetua and attempted murder for which they are each sentenced to four (4) years and two (2) months of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum.