People v.

Felix Ventura & Arante Flores

GR No. 148145-46 (5 July 2004)
Per curiam, kmd
SUBJECT MATTER: Rights of the suspect accused and convicted; Right against self-incrimination
CASE SUMMARY:
In this case, the appellants were found guilty of Murder and Frustrated Murder. The appellants, armed with a revolver and knife
stealthily entered the house. Jaime Bocateja incurred injuries while his wife died from a stab wound that punctured her lung.
Appreciating the aggravating circumstances of night time, dwelling and breaking of a door, Death penalty was imposed on the
appellants. The SC ruled that the TC did not err in finding them guilty of murder and frustrated murder because evident
premeditation was present. Also, the aggravating were correctly appreciated.
DOCTRINES:
While appellants could not have been compelled to be witnesses against themselves, they waived this right by voluntarily taking
the witness stand.
FACTS:
This is an AUTOMATIC appeal before the SC for the RTC decision finding appellants GBRD of Murder and Attempted Murder.
Ventura was the husband of the ex-maid of the victims while Flores was Ventura’s nephew who worked in the victim’s meat
shop.
In the early hours of Feb. 23, 2002, Sps. Jaime and Aileen Bocateja were fast asleep in their room on the groundfloor of
their 2-storey house. Their niece and older daughter were asleep in their rooms on the second floor. At around 2:00 AM, Jaime
woke up from his sleep when Ventura and Arante stealthily entered the couple’s room after they gained entry into the house by
cutting a hole in the kitchen door. Ventura pointed a revolver at Jaime’s face and announced a hold-up. Jaime tried to grab the
revolver. While struggling for possession of the gun, Flores stabbed Jaime three times. Meanwhile, Aileen who had been
awakened saw her husband in mortal danger and started shouting for help. Flores stabbed her as well. She was stabbed in the
chest that punctured her lung. The spouses’ niece and daughter were also awakened and called to their neighbors for help.
Ventura and Flores fled the Bocateja house, bringing nothing with them. The spouses were brought to the hospital. Aileen died
on the same day while Jaime was hospitalized for 6 days. The appellants were intercepted by members of the Central
Investigation Unit of PNP. They recovered a .38 caliber revolver with (5) live bullets from Ventura, and a blood-stained knife
from Flores.
Shortly after their arrest, appellants were interviews by reporters from Bombo Radio to whom they admitted responsibility for
stabbing the spouses. Ventura explained that he suspected his wife had an affair with Jaime.
Informations for frustrated murder and murder were filed against them.
RTC found the appellants GBRD of Frustrated murder and Murder. With regard to the murder case, the RTC appreciated the
aggravating circumstances of dwelling, nighttime and by breaking of a door. The accused are meted the Supreme penalty of
Death.
ISSUE/S:
1. WON the trial court erred in finding them guilty of Murder. (NO)
2. WON the trial court erred in appreciating the aggravating circumstances of dwelling, night time and breaking door.
(YES)
HOLDING/RATIO:
1. Appellants’ argument:
They argue that they should not be guilty of murder because they had no intent to kill.

SC:
That evident premeditation was established through the testimonies of appellants and not by those of the prosecution
witnesses is of no moment. While appellants could not have been compelled to be witnesses against themselves, they
waived this right by voluntarily taking the witness stand. Consequently, they were subject to cross-examination on
matters covered by their direct examination. Their admissions before the trial court constitute relevant and competent
evidence which the trial court correctly appreciated against them.

2. Appellants’ argument:
 The breaking of a door was not alleged in either of the two informations. Thus, the same cannot be appreciated against
appellants.

SC:
In People v. Albert, the SC ruled that The accused must thence be afforded every opportunity to present his defense
on an aggravating circumstance that would spell the difference between life and death in order for the Court to
properly exercise extreme caution in reviewing the parties’ evidence. This, the accused can do only if he is appraised
of the aggravating circumstance raising the penalty imposable upon him to death. Such aggravating circumstance
must be alleged in the information, otherwise the Court cannot appreciate it.

Consequently, we hold that due to their non-allegation in the Information for rape filed against accused-appellant, the
aggravating circumstances of nighttime and dwelling cannot be considered in raising the penalty imposable upon
accused-appellant from reclusion perpetua to death.

The judgment in Criminal Case No. 00-20692 is likewise AFFIRMED with MODIFICATION. Appellants Felix Ventura and Arante
Flores are found GUILTY beyond reasonable doubt of murder qualified by abuse of superior strength with the aggravating
circumstances of evident premeditation, dwelling and nighttime and are SENTENCED to the supreme penalty of DEATH.