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    Martinez V CA GR No. 168827

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    Duko Alcala Enjambre
    Martinez v Court of Appeals is a case where Benjamin Martinez stabbed his wife's co-teacher Dean Dongui with a bolo outside a bank. Martinez was pursuing Dongui claiming Dongui had an affair with Martinez's girlfriend. Police arrested Martinez at the scene. The trial court convicted Martinez of frustrated murder. The Supreme Court denied Martinez's petition, finding he did not voluntarily surrender and was validly convicted of frustrated murder, though the circumstance of evident premeditation was not established.

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    Martinez V CA GR No. 168827

    Uploaded by

    Duko Alcala Enjambre
    2K views2 pages
    Martinez v Court of Appeals is a case where Benjamin Martinez stabbed his wife's co-teacher Dean Dongui with a bolo outside a bank. Martinez was pursuing Dongui claiming Dongui had an affair with Martinez's girlfriend. Police arrested Martinez at the scene. The trial court convicted Martinez of frustrated murder. The Supreme Court denied Martinez's petition, finding he did not voluntarily surrender and was validly convicted of frustrated murder, though the circumstance of evident premeditation was not established.

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    22. Martinez v CA GR No. 168827

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    Martinez v Court of Appeals is a case where Benjamin Martinez stabbed his wife's co-teacher Dean Dongui with a bolo outside a bank. Martinez was pursuing Dongui claiming Dongui had an affair with Martinez's girlfriend. Police arrested Martinez at the scene. The trial court convicted Martinez of frustrated murder. The Supreme Court denied Martinez's petition, finding he did not voluntarily surrender and was validly convicted of frustrated murder, though the circumstance of evident premeditation was not established.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Martinez V CA GR No. 168827

    Uploaded by

    Duko Alcala Enjambre
    Martinez v Court of Appeals is a case where Benjamin Martinez stabbed his wife's co-teacher Dean Dongui with a bolo outside a bank. Martinez was pursuing Dongui claiming Dongui had an affair with Martinez's girlfriend. Police arrested Martinez at the scene. The trial court convicted Martinez of frustrated murder. The Supreme Court denied Martinez's petition, finding he did not voluntarily surrender and was validly convicted of frustrated murder, though the circumstance of evident premeditation was not established.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    Martinez v Court of Appeals

    GR No. 168827 April 13, 2007

    Facts:

    Dean Dongui was a teacher at the Tubao National High School, La Union. Petitioner Benjamin
    Martinez was the husband of Dean's co-teacher, Lilibeth Martinez. Petitioner eked out a living
    as a tricycle driver.

    On October 28, 1998, Dean and his wife Freda filed a complaint for damages against the
    spouses Martinez in the Municipal Circuit Trial Court (MCTC) of Tubao, La Union. They alleged
    that in March 1998, petitioner, a suitor of Elvisa Basallo, had been peddling false reports that
    Dean and Elvisa had illicit relations. He even told Freda that Elvisa was Dean's mistress. This led
    to a quarrel between Dean and Freda, and the latter was hospitalized for her heart ailment.

    Days past, Dean went to the Tubao Credit Cooperative (TCC) office to pick up the dividend
    certificate of his wife who was a member of the cooperative.

    Dean was about a step away from an L-300 van which was parked in front of the building when
    petitioner, armed with a bolo, suddenly emerged from behind the vehicle and stabbed him on
    the left breast.

    Dean fled to the bank office and was able to gain entry into the bank. Petitioner ran after him
    and upon cornering him, tried to stab him again. Dean was able to parry the blow with his right
    hand, and the bolo hit him on the right elbow. Dean fell to the floor and tried to stand up, but
    petitioner stabbed him anew on his left breast.

    Meantime, SPO1 Henry Sulatre was at the Tubao Police Station, about 100 meters away.

    He was informed that a fight was going on in the bank. He rushed to the place on board the
    police car and arrested Martinez and brought to the police station.

    In the meantime PO3 Valenzuela brought Dean to the Hospital in San Fernando, La Union
    where Dean was examined and operated.

    On February 7, 1999, Dean gave a sworn statement to SPO1 Sulatre and thereafter
    filed a criminal complaint for frustrated murder against petitioner in the RTC.

    The RTC convicted Martinez of frustrated murder, thus, this petition to the Supreme Court.

    Issues:

    1. Whether or not the mitigating circumstance of surrender be appreciated in the circumstance.


    2. Whether the qualifying circumstance of evident premeditation be appreciated in the case.
    Ruling:

    The petition is denied for lack of merit.

    Petitioner is guilty of frustrated murder under Article 248 in relation to Article 6, first paragraph
    of the Revised Penal Code which reads:

    For voluntary surrender to be appreciated, the following requisites should be present:


    (1) the offender has not been actually arrested;
    (2) the offender surrendered himself to a person in authority or the latter's agent; and
    (3) the surrender was voluntary. The surrender must be spontaneous, made in such a manner
    that it shows the interest of the accused to surrender unconditionally to the authorities, either
    because he acknowledged his guilt or he wishes to save them the trouble and expenses that
    would necessarily be incurred in the search and capture.

    In the case at bar, SPO1 Salutre testified that petitioner did not voluntarily surrender but was
    forcibly apprehended by Barangay Captain.

    We agree with the trial court that the qualifying circumstance of evident premeditation has not
    been adequately shown. In light of the foregoing, Petitioner is hereby found guilty beyond
    reasonable doubt of Frustrated Murder under Article 248 in relation to Article 6.

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