G.R. No. 144699 - Garcia y de Roxas vs. People

Case Digest (G.R. No. 144699)
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Facts:

Nature of the petition and assailed rulings
The petitioner, Rogelio Garcia y de Roxas, filed a petition for review on certiorari of:

The Court of Appeals (CA) Decision in CA-G.R. CR No. 17060, which affirmed the Regional Trial Court (RTC) Decision convicting him of homicide.
The CA resolution denying his motion for reconsideration of its decision.

The RTC convicted the petitioner in Criminal Case No. 116-88 for homicide and sentenced him to an indeterminate penalty of imprisonment.
The RTC also ordered damages in favor of the heirs of the victim.

Charge and arraignment
The petitioner was charged with homicide in an Information whose accusatory portion alleged that:

On or about December 8, 1987, at about 9:35 in the evening, at Ilustre Avenue, Municipality of Lemery, Province of Batangas, and within the jurisdiction of the trial court, the petitioner:

Was armed with an ice pick;
Acted with intent to kill and without any justifiable cause; and
Wilfully, unlawfully, and feloniously attacked, assaulted, and stabbed Pancrasio de Villa.

The Information specified the injuries inflicted on the victim.

Upon arraignment, assisted by counsel, the petitioner entered a plea of not guilty.

Prosecution evidence: circumstances of the stabbing and aftermath
Time and location context

Between 9:00 p.m. and 9:30 p.m. of December 8, 1987, the passenger jeep owned by Pancrasio de Villa was parked at the Petron Gasoline Station at Ilustre Avenue, near the boundary of Taal and Lemery, Batangas.

People present in the jeep

Inside the jeep were Fortunato de Sagun, Pancrasio de Villa, Jose de Castro, Jr., and Arthur de Castro.
Each had a bottle of beer while waiting for the fluvial procession of the Virgin Mary.

Initial event leading to the altercation

De Sagun fell asleep inside the jeep.
Momentarily, the petitioner and two companions arrived.
An altercation ensued between the petitioner and De Villa which led to the petitioner boxing De Villa.
The petitioner’s companions tried to intervene, but Jose de Castro stopped them.

The stabbing and chase

The petitioner pulled out an ice pick.
The petitioner stabbed De Villa.
De Villa fled, with the petitioner in hot pursuit.
De Castro woke up De Sagun and told him to follow De Villa who was being chased.
De Sagun ran after the petitioner and De Villa.

The second stabbing

De Sagun was already about nine arms length away from the petitioner and in front of the jeepney terminal near the Luzon Development Bank.
De Villa tripped and fell.
Upon overtaking De Villa, the petitioner stabbed him anew with the ice pick.
De Sagun pleaded, “Regie, huwag! Huwag!”, but it was too late.

Flight and death

The petitioner fled from the scene.
De Sagun brought De Villa to St. Martin Hospital where the victim died.

On-the-spot investigation and recovery of the ice pick

The next day, police investigators led by Pat. Honorio Caringal arrived and conducted an on-the-spot investigation.
Caringal was informed that an ice pick was on the rooftop of Atty. Malabanan’s bolo store.
Caringal found the ice pick and took custody of it.

Medical findings and autopsy report

Dr. Hermenegildo Declaro, Municipal Health Physician of Lemery, Batangas, performed an autopsy.
The report included:

Stab wound at the right side of the chest, mid axillary line at the level of the 3rd intercostal space; round wound measuring one (1) mm in diameter with depth of 4 inches; direction going medially.
Stab wound at the left side of the chest at the anterior axillary line, at the level of the 6th intercostal space; round wound measuring one (1) mm in diameter with depth of five (5) inches; direction going medially upward.
Stab wound at the left side of the chest mid-axillary line level at the 3rd intercostal space; round measuring one (1) mm in diameter with depth of four (4) inches; direction going medially.
Stab wound at the right arm, dorsal side, located at the mid-portion one (1) mm in diameter, going through and through.
Stab wound at the lateral side of the left forearm, level of the elbow joint; wound round with diameter of one mm going through and through.
Cut wound at the anterior side of the neck measuring three (3) inches long, with horizontal direction and depth of one half (1/2) mm through the entire length.
Cut wound at the left cheek one (1) inch long with a depth of one half (1/2) mm throughout the entire length.
Two (2) stab wounds side by side one (1) inch away from each other located at the left leg anterior part, midway with the depth of one (1) mm.

Cause of death: Hemorrhagic shock due to multiple stab wounds.
The doctor also signed the victim’s certificate of death.

Statements of witnesses

De Sagun and Jose de Castro gave their respective statements to Pat. Honorio Caringal, narrating how the petitioner killed the victim.

Defense evidence: admission of killing with self-defense
General defense position

The petitioner admitted killing the victim but claimed self-defense.

Petitioner’s account of the events

He testified that between 7:00 p.m. and 9:00 p.m. of December 8, 1987, he was with his family and a nephew in the passenger jeep owned by his sister, parked at the Petron Gasoline Station near the boundary of Taal and Lemery, Batangas.
He testified that he was talking with Lino Mayuga and Gregorio Almenshor.
Pancrasio de Villa and Jose de Castro arrived momentarily.
De Villa accused him of being boastful and boxed his right ear.
Blood oozed from his ear.
He averted his fall and stood up.
De Castro held him by the hands.
The petitioner testified that he saw De Villa pulling out an ice pick from his waistline using his left hand.
He freed himself from De Castro’s hold.
He testified that he wrested the ice pick from De Villa.
De Villa fled, but De Castro woke up his companions.
The petitioner chased De Villa, who was running toward Atty. Malabanan’s bolo store about one-and-a-half blocks away, because he feared De Villa might get hold of a bolo and stab him.
When De Villa tripped and fell, the petitioner testified that he hit De Vill...(Subscriber-Only)

Issues:

Self-defense claim
Whether the RTC and CA erred in rejecting the petitioner’s plea of self-defense and affirming conviction for homicide despite the petitioner’s claim that the killing was justified.
Whether the petitioner proved the requisites for complete self-defense or incomplete self-defense.
Whether the CA correctly accorded weight to the testimonies of De Sagun and De Castro in determining the factual issue of unlawful aggression.
Whether the petitioner’s defense theory about the victim being the unlawful aggressor, and the fear of the victim obtaining a bolo from Atty. Malabanan’s bolo store, had evidentiary support sufficient to negate criminal liability.

Mitigating circumstance
Whether the mitigating circumstance of incomplete self-defense should have been appreciated in favor of the petitioner.

Penalty and damages
Whether the indeterminate penalt...(Subscriber-Only)

Ruling:

(Subscriber-Only)

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