Case Digest (G.R. No. 231122)
Facts:
People of the Philippines v. Alex Casemiro and Jose Catalan, Jr., G.R. No. 231122, January 16, 2019, Supreme Court First Division, Del Castillo, J., writing for the Court.The prosecution charged accused-appellants Alex Casemiro and Jose Catalan, Jr. with murder in an Information alleging that on April 16, 2010 the two, conspiring together and with treachery, stabbed and killed Jeffrey Hermo in Barangay Catorse de Agosto, Gandara, Samar. When arraigned the accused pleaded not guilty; after pretrial, trial ensued in the Regional Trial Court (RTC) of Gandara, Samar, Branch 41.
At trial the People relied chiefly on the testimony of the victim’s common‑law wife, Mary Ann Hermo, who testified that she saw from about 15 meters away that Casemiro stabbed her husband with a knife while Catalan held his arms and also stabbed him with an ice pick; the investigating police officer also testified and physical items (an ice pick, slippers) and the autopsy report establishing death from multiple stab wounds were admitted. The defense presented both accused as witnesses, each asserting alibi/denial, and a defense witness testified Catalan was at home watching television that night.
The RTC, in a May 26, 2015 Decision, found both accused guilty of murder, qualifying the crime by treachery and abuse of superior strength, and sentenced each to reclusion perpetua with awards of actual and moral damages. The court disbelieved the alibi defenses given the proximity of the parties’ residences and the eyewitness identification. The appellate court in CA‑G.R. CR‑HC No. 02085, by Decision dated October 28, 2016 (penning Justice Marilyn B. Lagura‑Yap), affirmed the conviction but held that abuse of superior strength, if present, was absorbed by treachery and therefore modified the monetary awards: it deleted actual damages and imposed civil indemnity, moral, exemplary and temperate damages with 6% interest.
The accused appealed to the Sup...(Subscriber-Only)
Issues:
- Was the conviction of accused-appellants for murder properly affirmed?
- Was the qualifying circumstance of treachery properly appreciated?
- Could the lower courts properly rely on abuse of superior strength although it was not alleged in the Information?
- Were the amounts and types of damages awarded by th...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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