Case No.

81

PEOPLE OF THE PHILIPPINES vs. ERLINDO YAM-ID G.R. No. 126116 June 21, 1999 -

Facts:
Erlindo Yam-Id unsheathed a long bolo and stabbed a 6-year old Jerry Tejamo on the left portion
of his back. Few moments after, the father of Jerry, Danilo Tejamo went to Erlindo and asked the
whereabouts of his son but Erlindo answered “I will kill all of you” and immediately hacked
Danilo. Danilo dodged but he slipped and fell to the ground. Erlindo hacked him again and tried
to parry the attack but he got hit on the bridge of his nose. Danilo tried to stand but Erlindo hacked
him again and was hit on the head and fell on the ground bloodied. Erlindo took hold of Danilo’s
collar to finish him off but the tip of the bolo hit Erlindo’s stomach and blood oozed from the
wound.
Therefore, he was found guilty for killing 6-year old Jerry Tejamo and was sentenced the penalty
of Death under Republic Act 7659 and guilty of Frustrated Homicide under Article 249 in relation
to Article 50 of the Revised Penal Code and was given the penalty from Prision Mayor in its
minimum period and Prision Mayor in its maximum period.
Issues:
Whether or not there is the existence of Treachery in the case at bar.
Ruling:
Treachery attended the killing of the 6-year old Jerry Tejamo for when an adult person illegally
attacks a child of tender years and causes his death, treachery exists. The Solicitor General
observed that the crime committed by Erlindo against Danilo was not a Frustrated Homicide but
an Attempted Homicide. According Article 51 of the Revised Penal Code, the penalty for an
attempted crime is two degrees lower than that prescribed by the law. Thus, the penalty imposed
against Erlindo was modified from the penalty of Death to Reclusion Perpetua and for the
attempted homicide and sentenced two months and 1 day of arresto mayor, as minimum and two
years, four months and correctional for maximum.