Case Digest (G.R. No. 110994)
Facts:
The case at hand involves the appeal of Cresenciano Maramara, the accused-appellant, against the ruling of the Regional Trial Court of Masbate, Branch 44, which convicted him of murder and imposed a sentence of reclusion perpetua. The case originated from an incident that occurred on November 18, 1991, during a benefit dance at the home of Maramara in Barangay Calpi, Municipality of Claveria, Masbate. The following day, January 23, 1992, 4th Assistant Provincial Prosecutor Romeo C. Sampaga filed an information for murder against Maramara, alleging that he intentionally and with evident premeditation attacked and shot Miguelito Donato, resulting in the latter’s death. During the trial, the prosecution claimed that Maramara shot Donato after a confrontation that started when Donato’s brother, Ricardo, was attacked by Dante Arce, a friend of the accused. While Ricardo attempted to assist his brother Miguelito, Maramara shot Miguelito. The victim sustained a gunshot wound and succu
Case Digest (G.R. No. 110994)
Facts:
Incident Overview:
- On November 18, 1991, a benefit dance was held in Barangay Calpi, Claveria, Masbate, sponsored by the Calpi Elementary School Parents-Teachers Association. Accused-appellant Cresenciano Maramara was the president of the association.
- During the dance, Ricardo Donato (victim Miguelito Donato's younger brother) was dancing with Rowena del Rosario when Dante Arce, a friend of accused-appellant, boxed Ricardo on the chest. Ricardo fled to the fence for safety, where Miguelito Donato was standing about two meters away.
- Accused-appellant allegedly took a handgun from his waist and shot Miguelito Donato, hitting him on the left breast. Ricardo tried to help his brother but was struck on the head with an iron bar, rendering him unconscious for about three minutes.
- Miguelito Donato was rushed to Pio Duran Hospital but died the following morning. Before his death, Miguelito identified accused-appellant as his assailant.
Medical Findings:
- Dr. Nora L. Presbitero conducted an autopsy on Miguelito Donato’s body and found:
- A gunshot wound on the left breast.
- A 4 cm. lacerated wound on the left temporal area.
- A 4 cm. incised wound on the left parietal area.
- A 5.5 cm. incised wound on the right iliac area.
- Dr. Presbitero testified that the wounds could have been inflicted by more than two persons and that accused-appellant had previously been her patient, diagnosed with empyema.
Defense Version:
- The defense claimed that Ricardo and Miguelito Donato ganged up on Dante Arce during the dance. Accused-appellant intervened to pacify the situation but was allegedly held by Ricardo while Miguelito repeatedly stabbed him with a six-inch bladed weapon.
- Accused-appellant was hospitalized for multiple stab wounds, including two on the stomach, one on the left nipple, and one on the left arm. Dr. Gil Geñorga, who treated accused-appellant, testified to the severity of his injuries.
Trial Court Decision:
- The Regional Trial Court convicted accused-appellant of murder, sentencing him to reclusion perpetua and ordering him to pay P10,000.00 for medical and funeral expenses and P50,000.00 as moral damages.
Issues:
- Whether the trial court erred in convicting accused-appellant of murder based on the credibility of prosecution witnesses.
- Whether the trial court correctly appreciated treachery as a qualifying circumstance.
- Whether accused-appellant should be held liable only for death caused in a tumultuous affray under Article 251 of the Revised Penal Code.
- Whether the trial court erred in awarding moral damages instead of civil indemnity.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)