Case Digest (G.R. No. 185726)
Facts:
People of the Philippines v. Darwin Bernabe y Garcia, G.R. No. 185726, October 16, 2009, Supreme Court First Division, Leonardo‑De Castro, J., writing for the Court.
The information, filed June 7, 2005, charged accused‑appellant Darwin Bernabe y Garcia with Murder for the killing of Jann Michael Olivo y Francia on or about May 26, 2005 in Las Piñas City, alleging treachery, evident premeditation, abuse of superior strength and cruelty. At arraignment the accused pleaded not guilty and the case proceeded to trial.
The prosecution presented six witnesses, notably two juvenile eyewitnesses, Alvin Tarrobago and Jomar Butalid, who testified that Bernabe attacked and assaulted the victim inside his house during the early hours of May 26, 2005, struck him repeatedly with wood and a metal pipe, inserted a toothbrush into the victim’s anus, tied the victim, placed a shirt over his head and strangled him with G.I. wire, then placed the body in sacks and later disposed of it. The medico‑legal autopsy by Dr. Ruperto Sambilon, Jr. (stipulated) found cause of death as asphyxia by strangulation and described ligature marks and a fractured tracheal ring. The body was discovered on May 27, 2005.
Two minors (Alvin and Jomar) later surrendered and executed sworn statements describing what they saw and their limited participation; police arrested Bernabe at his hideout on June 3, 2005 and confiscated a holster, one live .38 round and a knife. The defense presented accused‑appellant’s testimony and witnesses asserting denial and alibi, and offered medical evidence that Bernabe had undergone surgery in 2003 on the fourth and fifth metacarpals of his left hand.
On December 4, 2006, the Regional Trial Court (RTC), Branch 202, Las Piñas City, found Bernabe guilty beyond reasonable doubt of murder under Article 248 of the Revised Penal Code and imposed reclusion perpetua, ordering civil indemnity, moral damages and actual damages. On appeal the Court of Appeals (CA) in CA‑G.R.‑CR‑HC No. 02619 rendered its decision dated July 10, 2008, affirming with modification: it found treachery and cruelty present, imposed reclusion perpetua without eligibility for parole in view of Republic Act No. 9346, adjusted and increased the damages (civil indemnity, moral, exemplary and temperate) and ordered interest at 6% per annum.
The case reached the Supreme Court by appeal from the CA decision. On March 6 and April 2, 2009 the Office of the Solicitor General and the accused‑appellant filed manifestations that they would submit the case for decision without supplemental briefs.
Issues:
- Was accused‑appellant Darwin Bernabe proven guilty beyond reasonable doubt of the murder of Jann Michael Olivo?
- Were the qualifying and aggravating circumstances—treachery and cruelty—properly appreciated, and what is the appropriate penalty given the abolition of the death penalty?
- Were the monetary awards (civil indemnity, moral, exemplary and temperate damages and any claim for loss of earning capacity) properly determined?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)