Case Digest (G.R. No. 231359)
Facts:
People of the Philippines v. Crisanto Cirbeto y Giray, G.R. No. 231359, February 07, 2018, the Supreme Court Second Division, Perlas‑Bernabe, J., writing for the Court.The criminal information charged Crisanto Cirbeto y Giray (accused‑appellant) with Murder under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, alleging that on December 31, 2010 he repeatedly stabbed one Ferdinand Casipit with treachery, evident premeditation, and abuse of superior strength. The prosecution presented eyewitness Roger Dalimoos, who testified that while he was on a jeepney about 25 meters away he saw accused‑appellant pull a knife and stab Casipit, pursue him when he ran, pin him down and stab him repeatedly. Police officers responded, arrested accused‑appellant shortly after the incident and recovered the alleged murder weapon. The medico‑legal officer’s autopsy showed five stab wounds, including a fatal wound at the nape.
Accused‑appellant pleaded not guilty, asserting denial and alibi, and testified he was assisting a parked car near the fastfood establishment when arrested. At trial the victim’s brother testified to wake and burial expenses and offered receipts. On October 24, 2013, the Regional Trial Court (RTC), Branch 193, Marikina City, convicted accused‑appellant of murder and sentenced him to reclusion perpetua, ordering payment of P13,000.00 actual damages, P50,000.00 moral damages and P50,000.00 civil indemnity.
Accused‑appellant appealed to the Court of Appeals (CA). In its Decision dated February 9, 2016 in CA‑G.R. CR‑HC No. 06481, the CA affirmed the conviction but modified the awards: it increased civil indemnity and moral damages to P75,000.00 each, awarded exemplary damages of P30,000.00, and ordered 6% interest on monetary awards from finality. The CA sustained the RTC’s findings on positive identification by Dalimoos and on the presence of treachery and evident premeditation.
Accused‑...(Subscriber-Only)
Issues:
- Whether the Court of Appeals correctly affirmed accused‑appellant’s conviction for Murder.
- Whether the qualifying circumstance of treachery attended the killing.
- Whether the qualifying circumstance of evident premeditation attended the killing.
- Whether accused‑appellant’s defenses of denial and alibi ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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