People vs.

Rosendo Rebucan
G.R. No. 182551
July 27, 2011
LEONARDO DE CASTRO, J.:
Facts:
On November 6, 2002, in Carigara, Leyte, accused Rosendo Rebucan unlawfully assaulted and wounded 65-year
old Felipe Lagera and his one-year old grandson Ranil Lagera-Tagpis Jr. with a bolo that the accused had provided
himself for the purpose. Felipe sustained three hacking wounds where he suffered hypovolemic shock and massive blood
loss due to the multiple hackings. Ranil sustained a hacking wound at the fronto-temporal area with a skull fracture which
led to his instantaneous death.
Renerio Arminal, a human rights officer and the punong barangay, testified that on November 6, 2002,
the accused-appellant surrendered to him. The latter came to him alone and told him that he fought with Felipe Lagera.
Accused-appellant was apparently avenging his wifes sexual molestation by Felipe and his son.
Accused Rebucan was found guilty beyond reasonable doubt of the crime of double murder charged under the
information and sentenced to suffer the maximum penalty of death. The manner by which the accused adopted in killing
the victim, Felipe Lagera, and Ramil Tagpis, Jr. was a premeditated decision and executed with treachery. The accusedappellant then filed a Notice of Appeal.
Issues:
1) Whether or not the accused-appellant is guilty beyond reasonable doubt for the crime of murder
2) Whether or not the mitigating circumstance of immediate vindication of a grave offense must be appreciated
Held:
1) Yes, the accused is guilty of two counts of murder. The evidence of the prosecution established the fact that the
killings of Felipe and Ranil were attended by treachery, thus qualifying the same to murder. According to Article 248 of
the Revised Penal Code, as amended, any person who shall kill another shall be guilty of murder if the same was
committed with the attendant circumstance of treachery, among other things, and that the situation does not fall within the
provisions of Article 246. Furthermore, the killing of a child is characterized by treachery even if the manner of assault is
not shown; for the weakness of the victim due to his tender years result in the absence of any danger to the accused. The
accuseds penalty was modified to reclusion perpetua.
2) As regards the mitigating circumstance of immediate vindication of a grave offense, the same cannot likewise
be appreciated in the instant case. Article 13, paragraph 5 of the Revised Penal Code requires that the act be committed in
the immediate vindication of a grave offense to the one committing the felony, his spouse, ascendants, descendants,
legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees. In the case at bar, a
period of four days was sufficient enough a time within which the accused-appellant could have regained his composure
and self-control. Thus, the said mitigating circumstance cannot be credited in favor of the accused-appellant.