Case Digest (G.R. No. 202847)
Facts:
People of the Philippines v. Antero Gamez y Baltazar, G.R. No. 202847, October 23, 2013, Supreme Court First Division, Reyes, J., writing for the Court. The prosecution charged Antero Gamez y Baltazar (accused-appellant) with parricide for allegedly killing his father, Apolinario Gamez, on August 21, 2004 in Burauen, Leyte. The Information alleged that the accused, with intent to kill and with treachery, attacked Apolinario with a long blade (bolo/sundang) and a sickle (sarad), inflicting multiple hacking and incised wounds that caused his death. The accused initially pleaded not guilty and later sought to change his plea to guilty during pre-trial; the trial court denied plea bargaining and proceeded under an inverted trial because the accused invoked self-defense.At the Regional Trial Court (RTC), the defense presented the accused, his attending physician, and eyewitness Bienvenido Buhalog. The accused testified that his father first attacked him with a bolo, inflicting serious head wounds, and that he subsequently grabbed the weapon and later chased and hacked his fleeing father. The prosecution presented rebuttal testimony principally from Maura Anadia (the victim’s daughter and the accused’s sister), who said she saw the accused arrive armed with a bolo and a scythe, chase the unarmed Apolinario, hack him on the head and then slash his neck with the scythe until he died. The autopsy by Dr. Leonita Azores recorded two fatal wounds (one almost decapitating), incised wounds on the neck and forearm, and lacerations on the fingers; the victim died at the scene.
In its May 9, 2006 Judgment, the RTC convicted the accused of parricide (Art. 246, Revised Penal Code), finding that both sides withheld material facts and that unlawful aggression had ceased when the victim fled and was disarmed, so the accused’s subsequent pursuit and killing were retaliatory not defensive. The RTC sentenced him to reclusion perpetua (having found one mitigating circumstance but no aggravating circumstance), ordered civil indemnity of P50,000, and applied credit for preventive detention subject to conditions.
The Court of Appeals (CA) in a Decision dated May 25, 2011 (CA-G.R. CR-H.C. No. 00671) affirmed the RTC’s conviction but modified the award of damages by add...(Subscriber-Only)
Issues:
- Was the accused-appellant proven guilty of parricide beyond reasonable doubt?
- Did the accused-appellant establish self-defense as a justifying circumstance that would exempt him from criminal liability?
- Were the penalty and the awards of civil, moral, and exemplary damages, and the parole consequ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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