Case Digest (G.R. No. 217889)
Facts:
People of the Philippines v. Ritz Baring Moreno, G.R. No. 217889, March 14, 2018, Supreme Court Third Division, Martires, J., writing for the Court. The criminal information (Crim. Case No. CBU-74770) charged Ritz Baring Moreno (accused-appellant) with murder for the October 3, 2005 killing of Kyle Kales Capsa; the information alleged treachery and evident premeditation as qualifying circumstances.
At arraignment the accused pleaded not guilty and the case proceeded to trial. The prosecution presented testimony by family members (notably Reanne Vincent Kerby Capsa, an eyewitness) and stipulated facts through police testimony (including that the accused voluntarily surrendered, that he was given custodial investigation, and that he executed a sworn statement/admission). The defense admitted the victim’s records and death certificate and later manifested that it would no longer present evidence.
The Regional Trial Court (RTC), Branch 20, Cebu City, convicted Moreno of Murder (qualified by treachery) and sentenced him to reclusion perpetua; it also ordered civil indemnity and moral damages. Moreno appealed to the Court of Appeals (CA). The CA, Twentieth Division, affirmed the RTC’s conviction as to treachery, found that evident premeditation was not established, but held that the RTC failed to appreciate the mitigating circumstance of voluntary surrender; it modified the damages awarded to the victim’s heirs (civil indemnity P50,000; moral damages P50,000; temperate damages P25,000) and otherwise denied the appeal.
Moreno then appealed to the Supreme Court. The parties’ trial stipulations, Reanne’s eyewitness testimony that the accused shot Kyle at about five meters under bright sodium light, and the accused’s swo...(Pro-only)
Issues:
- Did the courts below err in convicting the accused-appellant of murder despite the prosecution’s alleged failure to prove his guilt beyond reasonable d...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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