Case Digest (G.R. No. 240321)
Facts:
Romeo Dawat, Jr. y Harme v. People, G.R. No. 241126, April 28, 2021, Supreme Court Third Division, Delos Santos, J., writing for the Court. Petitioner is Romeo H. Dawat, Jr.; respondent is the People of the Philippines. The prosecution in CA-G.R. CR No. 39307 charged petitioner with Homicide for the death of Wenceslao Flores allegedly occurring on September 22, 2011 in Barangay Pambuhan, Mercedes, Camarines Norte.An Information for Homicide was filed; petitioner pleaded not guilty. The prosecution presented witnesses Emily Aloc, Robert Oliva and Myrna Flores who testified that during a drinking spree Emily saw petitioner holding and then slitting Wenceslao’s neck with a bolo; Wenceslao later told Robert and Myrna that petitioner stabbed him and said he would not last until morning. Wenceslao was taken to the hospital and declared dead; cause of death listed as hemorrhagic shock from a hacked wound to the left lateral neck. Petitioner testified claiming self-defense: he said Wenceslao threw a stone, punched him, and held a knife; petitioner grabbed a bolo and, while poking it at Wenceslao’s neck, the victim moved and was injured.
The Regional Trial Court (RTC), Branch 39, Daet (Judge Winston S. Racoma), convicted petitioner by Decision dated September 5, 2016, finding the prosecution evidence sufficient and sentencing him under the Indeterminate Sentence Law to an indeterminate term (minimum ten years and one day of prision mayor; maximum 17 years and four months of reclusion temporal) and awarding damages. The Court of Appeals (CA) affirmed with modification in a Decision dated November 29, 2017 (CA-G.R. CR No. 39307, penned by Associate Justice Mario V. Lopez), reducing civil indemnity to P50,000, adding temperate damages of P50,000 and 6% interest; its Resolution o...(Pro-only)
Issues:
- Did the Court of Appeals err in giving full credence to the testimonies of the prosecution witnesses?
- Did the Court of Appeals err in not crediting petitioner’s claim of self...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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