Case Digest (G.R. No. 169060)
Facts:
The People of the Philippines v. Joey Concepcion y Perez, G.R. No. 169060 (Formerly G.R. No. 154915), February 06, 2007, Supreme Court Second Division, Tinga, J., writing for the Court.Appellant Joey Concepcion y Perez was charged by amended information with murder for allegedly stabbing Rolando F. Nicolas on or about 26 December 1997 in Bustos, Bulacan. The case began with an original information for homicide filed on 19 March 1998 before RTC Branch 77, Malolos, Bulacan; after an amended sworn statement by eyewitness Carmencita Balina and a reinvestigation ordered by the RTC, an Amended Information for murder was filed (1 December 1998) and the case was re-raffled to RTC Branch 12.
At arraignment appellant pled not guilty. At pre-trial the defense admitted the stabbing but asserted self-defense, and the parties agreed to reverse proceedings so that the defense would present evidence first. The pre-trial order stipulated the identities of the parties, the date/time/place of the offense (26 December 1997, 12:10 a.m., Barangay Tanawan), that the cause of death was a single stab wound to the stomach, and that certain police and medico-legal testimonies could be dispensed with.
At trial the defense presented appellant, his parents, and the arresting officer. Appellant testified that after a drinking session he and the victim wrestled over a knife, that in the scuffle the knife pierced Nicolas’s abdomen, and that appellant then fled. The prosecution presented Carmencita Balina, who testified she witnessed appellant suddenly stab Nicolas — who was stooping to light a cigarette — and that appellant then fled. The autopsy report described a 2.5 cm gaping stab wound to the abdomen severing intestines and hitting the liver, sufficient to cause death.
The RTC found the prosecution’s version more credible, convicted appellant of murder and sentenced him to reclusion perpetua, ordered indemnity and damages. The appeal reached the Court of Appeals; consistent with this Court’s remand in People v. Mateo, the CA issued a de...(Subscriber-Only)
Issues:
- Did appellant prove self-defense to justify or mitigate his act?
- Was treachery proven as a qualifying circumstance to elevate the killing to murder?
- Should appellant’s conviction remain for murder, or be reduced to a ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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