Case Digest (G.R. No. 136861)
Facts:
The People of the Philippines v. Bonifacio Lopez y Marcella @ Opring, G.R. No. 136861, November 15, 2000, the Supreme Court En Banc, Per Curiam. The prosecution charged accused-appellant Bonifacio Lopez with murder complexed with abortion for the July 19, 1998 stabbing and killing of Gerarda “Gina” Abdullah, a full-term pregnant woman, alleging the presence of qualifying circumstances including treachery and abuse of superior strength (Information, Criminal Case No. 98-02265-D). Upon arraignment Lopez pleaded not guilty and trial followed.At trial the prosecution relied principally on eyewitness testimony by Librada Ramirez (the victim’s mother), John Frank Ramirez (the victim’s brother), and a passerby Esteven Basi, and on the autopsy report of Dr. Benjamin Bautista describing multiple penetrating stab wounds and massive intra-abdominal hemorrhage causing the death of Gina and her fetus. The trial court (Branch 42, Regional Trial Court, First Judicial Region, Dagupan City, Hon. Luis M. Fontanilla presiding) found Lopez guilty and, in its decision dated November 12, 1998, sentenced him to death and ordered civil indemnity and damages.
Lopez testified and presented his daughter Josephine as a witness, claiming a prior altercation and a struggle over a knife that accidentally resulted in Gina’s death; he invoked mitigating circumstances (vindication of a grave offense) and argued misapplication of Article 63 of the Revised Penal Code. On automatic review (death penalty cases are reviewed by the Supreme Court), the Court considered the testimonial record, the autop...(Subscriber-Only)
Issues:
- Was the evidence sufficient to sustain conviction for murder complexed with abortion by reason of qualifying circumstances (treachery and taking advantage of superior strength)?
- Should the mitigating circumstance of vindication of a grave offense be appreciated in favor of accused-appellant?
- Was the trial court’s imposition of the death penalty proper under the rule on complex crimes and indivisible penalties (Article 63 of the Revised Penal Code and amendments under Republic Act No. 7659)?
- Were the damages awarded by...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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