PEOPLE OF THE PHILIPPINES v. DIONISIO CALONGE G.R. No.

182793
July 5, 2010

Facts: In the night of November 30, 2001, Rosita Calogne and Dionisio Calogne quarrelled. In the same night, Melody the eldest child of the couple, saw the respondent sharpening his bolo. Around 4:00 am of December 1, 2001, Dionisio, with a knife and bolo at both hands, and with a flashlight tied on his head, hacked Rosita, which the latter evaded and tried to escape yet ended up dead outside of the house. Kimberly and Dony Rose, the other two daughters of Rosita and Dionisio, were stabbed and hacked while sleeping. Melody who was also in the same room, was slashed and had her 3 fingers cut, but she pretended to be dead to stop the assault. On the other hand, the respondent injured himself with a bolo by the neck which Melody saw from the room where she was lying. Issue: 1. WON aggravating circumstance of treachery exists in the killing of Dony Rose and Kimnberly? 2. WON aggravating circumstance of treachery or evident premiditation exists in the killing of Rosita? Held: 1. Yes. There is aggravating circumstance of treachery. Nothing can be more sudden and unexpected than when a father stabs to death his two (2) young daughters while they were sound asleep and totally defenseless. 2. Both No. The is no treachery considering that she was able to parry the first thrust of appellant and ran away outside the house, and there is no evidence proving that appellant determined to commit the crime even as Melody recounted that she saw his father sharpening his bolo before they slept the previous night. Evident premeditation needs proof of the time when the intent to commit the crime is engendered in the mind of the accused, the motive which gives rise to it, and the means which are beforehand selected to carry out that intent. All such facts and antecedents which make notorious the pre-existing design to accomplish the criminal purpose must be proven to the satisfaction of the court. There is

paucity of evidence as to the time, motive and the means chosen by appellant to carry out the intent to kill his entire family.