Case Digest (G.R. No. 189091)
Facts:
People of the Philippines v. Arman Apacible y Rodriguez, G.R. No. 189091, August 25, 2010, the Supreme Court Third Division, Carpio Morales, J., writing for the Court.The People of the Philippines (appellee) charged Arman Apacible y Rodriguez (appellant) with murder by Information filed in the Regional Trial Court (RTC), Branch 11, Balayan, Batangas, alleging that on May 23, 1999 at about 8:30 p.m., at Barangay Luna, Tuy, Batangas, appellant, armed with a bladed instrument and with treachery and evident premeditation, stabbed Arnold Vizconde y Famoso causing his death (Art. 248, Revised Penal Code as amended by R.A. 7659).
At trial the prosecution’s principal witness was Mylene Vizconde, the victim’s wife, who described a drinking spree earlier that day involving the victim, the victim’s uncle and appellant; she testified that, while preparing milk in the kitchen some three to four meters from the bedroom, she heard appellant curse the victim and then saw appellant through the open swing door stab her husband repeatedly. She called for help and summoned appellant’s mother, and the police arrived and investigated. The victim died; he was 26 years old and employed at the National Power Corporation.
Appellant pleaded alibi, claiming he left for Cavite with a friend after the victim left and suggested he was misidentified because of a prior quarrel relating to a malicious mischief complaint involving appellant’s brother.
By Decision dated January 31, 2008 the RTC convicted appellant of murder, sentenced him to reclusion perpetua, and ordered payment of P50,000 as civil indemnity and P50,000 as moral damages, with credit for preventive detention. On appeal, the Court of Appeals, by Decision dated June 23, 2009 (penalized in the rollo by Associate Justice Mariano C. Del Castillo), affirmed the conviction but modified the damages: it increased civil indemnity from P50,000 to P75,000 (relying on recent jurisprudence) and added exemplary damages of P25,000 because treachery attended the k...(Pro-only)
Issues:
- Should appellant’s conviction for murder be affirmed?
- Is the Court of Appeals’ award of civil indemnity of P75,000 and exemplary damages of P25,000 proper, or should the civil indemnity b...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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