G.R. No. L-38989 - People vs. Castro

On November 17, 1971, at about 4:30 in the afternoon, an altercation occurred in the barrio of San Juan, Pili, Camarines Sur.
According to the prosecution, Leonor Gata, the aunt of the deceased Ferdinand Recoco, observed appellant Romeo Castro, then serving as the barrio captain, running toward Ferdinand in the middle of the street.
The prosecution asserted that upon reaching Ferdinand, Castro delivered a series of blows: a punch with his left fist striking the right eye, another punch to the left temple, followed by a “karate chop” below the right ear.
These attacks allegedly caused the victim to fall on the asphalt road and set in motion a chain of events leading to his critical condition.

Following the incident, Ferdinand developed a fever and was initially treated by Dr. Mateo Dalisay for fever and right eye inflammation.
After four days without significant improvement, the victim was referred to an eye specialist, Dr. Jesus Miraflores, at the provincial hospital on November 25, 1971.
The victim died on December 5, 1971, and a post-mortem examination conducted by Dr. Zenaida S. Decena revealed:

External findings such as a 2-inch superficial abrasion at the temporal area of the right eye, hematoma on the eyelids, and bluish discoloration of the anterior abdominal wall.
Internal findings, including purulent exudate surrounding the tissues of the right eye, clotted blood over cerebral vessels, and slight purulent material in the frontal lobe.
The cause of death was determined to be septicemia secondary to pan-opthalmitis due to trauma.

He stated that while he was in the public market assisting his wife, his 4-year-old son Ely requested money for merienda.
After buying biscuits for his son, as Ely walked home, Ferdinand Recoco approached and boxed him.
Witnessing this, Castro ran toward the scene and, upon seeing that Ferdinand was about to hit Ely for the second time, he struck Ferdinand on the face with one punch and pushed him aside.

Corroborative testimony by Teofilo Casero, a porter at the Pili PNR station, supported Castro’s version:

Casero, positioned approximately 12 meters away, observed Ferdinand boxing Ely and noted that Castro intervened by hitting Ferdinand on the face.
Casero did not witness any successive blows such as multiple punches or a “karate chop.”

Dr. Mateo Dalisay testified that aside from fever and inflammation of the right eye, no other lesions, abrasions, or contusions were observed on the victim.
Dr. Jesus Miraflores concurred that the victim had no other significant physical injuries apart from the inflamed right eye.

The physical evidence thus cast doubt on the claim that multiple or highly forceful blows—sufficient to justify a murder conviction—were delivered by Castro.

Despite not disputing his role in the death, Castro argued that his actions were impulsive and stemmed from a natural instinct to protect his son.
Testimony from Cresencia Recoco, the victim’s mother, revealed that Castro was “carried away by the impetus of the moment.”
Additional evidence of his remorse included:

Whether the trial court erred in convicting appellant Castro of murder qualified by treachery rather than of a lesser offense.

Did the evidence support that treachery—a deliberate and conscious method employed to leave the victim without a chance of defense—was present?

Whether the physical and testimonial evidence sufficed to prove that the defendant delivered successive, forceful, and specially dangerous blows as required for a murder conviction.

Was there sufficient corroboration that multiple blows were administered, or did the evidence instead support a single, impulsive reaction?

Whether the mitigating circumstances of lack of intent to commit a grave wrong and the influence of passion and obfuscation were properly considered in the defendant’s favor.

Should these mitigating factors justify a reduction in the gravity of the offense from murder to homicide?