PEOPLE V.

VENTURA
GR. No. 148145-46
July 5, 2004

FACTS
 On February 23, 2000 spouses Jaime and Aileen Bocateja were feloniouslyand
unlawfully murdered in their home. They were fast asleep in their room on the
ground floor of a two-storey house at Alayunan Yulo in Bacolod City. The room
had a glass wall with a glass sliding door which was closed but not locked. The
kitchen light was open, as was the light in the adjoining room where the couple’s
young children, Jummilyn and Janine were sleeping. Their niece, Aireen Bocateja
and Jaime’s eldest Rizza Mae were asleep in the rooms on the second floor.
 At around 2am Jaime roused from his sleep by appellant Ventura who was
together with his nephew appellant Flores. They entered the couple’s room by
making a cutting a hole from the kitchen door. Ventura pointed a revolver at
Jaime’s face, announced a hold-up, hit Jaime on the head and asked for his keys.
Ventura called him again but Jaime called out for help and tried to grab the
revolver. They both struggled in for possession of the gun. Jaime almost
succeeded in the possession of the gun but appellant Flores shouted at Ventura
to use the knife he has to stab Jaime. Flores stabbed Jaime three times. Jaime
threw a plastic stool at the jalousy glass window to ask for help.
 Aileen woke from the noise. She tried to defend herself by using an electric cord
but Flores kept on stabbing her. Aireen descended from downstairs to check the
commotion. She saw Flores whom she recognized as a former employee of the
butcher shop of the Bocatejas. She pleaded Flores not to hurt her then ran up
stairs in Rizza’s room and two called to their neighbors for help. Appellants Ventura
and Flores left and took nothing from the house. Aileen was brought to the hospital
but she died eventually. Jaime on the other hand was hospitalized for six days and
the doctors assured him that he sustained non-lethal injuries.
 Testimonies of appellants Ventura, Flores and Primitiva Empirado are as follows:
a. Four days after February 13, 2000, Ventura arrived in Negros Occidental. He
noticed that his wife Johanna was wearing a ring. She was previously employed
as house helper for the Bocateja spouses. Ventura confronted Johanna. She
told appellant Ventura that Jaime was courting her and Aileen discovered their
illicit relationship which caused her dismissal as a house helper. He slapped
his wife whereupon she left conjugal home.
b. On February 22, 2000 Johanna came back get all her stuff. She had a verbal
confrontation with Ventura. She left to find work in Kabankalan, Negros
Occidental. This was the last time appellant Ventura and Johanna saw each
other.
c. That same day appellant Flores visited his uncle Ventura. Ventura was able to
confirm from Flores regarding the illicit relationship of Johanna and Jaime.
Flores used to work for the butcher shop of the Bocateja spouses. Ventura
asked Flores to take him to Jaime’s house for to confront him.
 d. Appellants were armed with an unlicensed revolver and a knife. They arrived
at 11:00 PM at the Bocateja residence but they waited until 2:00am of February
23, 2000 before they broke in the house.
e. Once they were inside the house, appellant Ventura woke Jaime up and
confronted him and told him to stop his relationship with Johanna. Jaime fought
back and he and appellant Ventura grappled for possession of the latter’s gun.
f. Aileen woke up and screamed for help and began throwing things at appellant
Flores whom she attempted to strangle with an electrical extension cord.
Unable to breathe, Ventura stabbed Aileen twice with his knife. Jaime had
wrested control of the gun from appellant. Flores stabbed Jaime.
g. Since appellants did not intend to kill Aileen or stab Jamie, they fled of the
course and Jaime began shooting at them with a 9mm pistol. They were
intercepted by the police who placed them under arrest.
h. During the media interview, Ventura stressed that he just wanted to confront
Jaime about his relationship with his wife Johanna.
 FIRST DECISION
Court finds accused Felix Ventura y Quindoy and Arante Flores y Ventura GUILTY
beyond reasonable doubt as Principals by Direct Participation of the crime of
attempted murder as alleged with the aggravating circumstances. There are no
mitigating circumstances. Sentenced to Reculsion Temporal. 8 years in prison of
Prision Mayor to 18 years as minimum to of Reclusion Temporal as maximum.

Court also finds the two accused guilty of murder. The accused are meted the
Supreme penalty of DEATH. They are civilly liable to pay the heirs of Aileen
Bocateja of 50k pesos and 100k pesos to Jaime Bocateja for moral damages plus
20k pesos for exemplary damages.
 Appellants contended the decision.

ISSUE

 Whether or not considering aggravating circumstances of breaking of door and

nocturnity are present in both cases.
 Whether or not they can only be convicted of attempted homicide for stabbing
Jaime and homicide for the fatal stabbing of Aileen.

HELD

YES

DECISION

Judgment is hereby affirmed with modification. Appellants Felix Ventura and Arante
Flores are found guilty beyond reasonable doubt of attempted murder qualified by evident
premeditation with the aggravating circumstances of dwelling and nighttime and are
hereby sentenced to indeterminate penalty of 6 years to 12 years.
They are ordered to pay Jaime Bocateja 20k pesos as temperate damages, 25k pesos
for moral damages, and 25k pesos for exemplary damages.

Judgment is hereby affirmed with modification. Appellants Felix Ventura and Arante
Flores are found guilty beyond reasonable doubt guilty of murder with by abuse of
superior strength with the aggravating circumstances. They are sentenced to supreme
penalty of death.

They are ordered to pay the heirs of Aileen Bocateja 50k pesos for civil indemnity, 100k
pesos as actual damage, 50k for moral damages and 25k pesos for exemplary damages.

Records of the cases were forwarded to the President of the Philippines for the exercise
at her discretion, of her power to pardon Felix Ventura and Arante Flores.

REASONS

 The essence of evident premeditation must be proven beyond reasonable doubt

for the following: 1) the time when the accused determined to commit the crime; 2)
an act manifestly indicating that the accused clung to his determination; 3)
sufficient lapse of time between such determination and execution to allow him to
reflect upon the circumstances of his act.
 Evident premeditation may be considered present, even if a person other than the
intended victim was killed (or wounded), if it is shown that the conspirators were
determined to kill not only the intended victim but also anyone who may help him
put a violent resistance.
 Appellant Ventura’s jealousy regarding Jaime and Johanna’s illicit affair is not a
sufficient proof.
 It took the appellants 10 hours elapsed time to confront Jaime. This is sufficient for
the appellants to reflect on their consequences of their action for better judgment
and to overcome their evil scheme. Appellants evidently clung to their
determination to kill Jaime.
 Not even one single requisite for defense of relative is present for the argument of
appellant Flores. There was no unlawful aggression on the part of Aileen. She
acted legitimately during the incident.
 Ventura did not directly participate in stabbing Jaime but appellants were both
liable for conspiracy.
 The killing of Aileen Bocateja is qualified by aggravating circumstances of abuse
of superior strength. Flores took advantage of this superiority which is his strength,
sex and weapon gave him over his unarmed victim.
 Solicitor General argued that nocturnity should have not been considered since
Jaime himself testified that their bedroom was well lit and that there was light
coming from the kitchen and the adjoining bedroom of their children.
 No mitigating circumstances are present to offset the foregoing aggravating
circumstances.