G.R. No. 248652 - People vs. Talaue

Ferdinand Cadorna y Decembriano alias "Maco" was charged by information before the Regional Trial Court (RTC) with the crime of murder in relation to Section 10 of Republic Act (RA) 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act).
The information alleged that on or about March 19, 2011, in a municipality within the jurisdiction of the RTC, Cadorna willfully, unlawfully and feloniously with intent to kill and taking advantage of superior strength, attacked nine-year-old AAA, who was alone in their house, struggling and strangulating the child with a rope causing death by asphyxia, with the aggravating circumstance of dwelling.

BBB, the father of the victim AAA, testified that prior to the incident, Cadorna and his wife Judith confronted him, suspecting his children of taking their hammer.
On the afternoon of March 19, 2011, BBB was at the seashore sending his children on errands; AAA went home to fetch water while BBB bought fish.
Salvador Bael testified he saw Cadorna rushing out of BBB's house and upon peeping inside, found AAA with a rope tied around his neck, dead already.
BBB corroborated Bael’s account, seeing Cadorna leave BBB's house, hearing shouts for help, and assisted Bael in trying to revive AAA to no avail.
Dr. Manuel S. Pastor examined AAA and declared death due to asphyxia from strangulation with a rope; multiple abrasions confirmed trauma caused by another person.
CCC, AAA's classmate, testified that after the killing, Cadorna pinched his ear and made a remark implying being pinched was better than being dead like AAA.

The accused did not testify.
Judith Cadorna, wife of the accused, testified that both she and Cadorna were at Barangay xx xxxxxxxxxxx on the day of the incident; Cadorna left at 3:35 p.m. to transfer his carabao, arriving home around 5:15 p.m.
Erlinda Lagando corroborated Judith’s alibi testimony stating Cadorna was at a creek tying the carabao’s rope at 4:00 p.m., and they parted ways at 5:15 p.m.
Defense witnesses asserted no quarrel or misunderstanding between the families.

On November 20, 2017, RTC found Cadorna guilty beyond reasonable doubt of homicide in relation to RA 7610 and sentenced him to reclusion perpetua.
RTC did not consider the aggravating circumstance of taking advantage of superior strength due to lack of direct evidence.
Monetary damages were awarded to the victim’s heirs.

On November 29, 2021, the Court of Appeals (CA) affirmed with modification, upgrading conviction to murder.
CA held the killing was attended by the qualifying aggravating circumstance of taking advantage of superior strength given AAA’s tender age.
Damages were confirmed at the amounts ordered by RTC.

Whether Ferdinand Cadorna is guilty beyond reasonable doubt of murder in relation to RA 7610.