Case Digest (G.R. No. 205440)
Facts:
People of the Philippines v. Yolando B. Panerio alias John "Yolly" Labor and Alex (Jojo) F. Orteza, G.R. No. 205440, January 15, 2018, Supreme Court Third Division, Martires, J., writing for the Court.The prosecution charged Yolando B. Panerio (accused-appellant) and Alex (Jojo) F. Orteza with murder for the killing of Elesio Ung on or about February 18, 1991 in Davao City. An Information alleged that, with intent to kill and with treachery and evident premeditation, the accused stabbed the victim with a balisong and an ice pick, inflicting mortal wounds that caused his death. The accused were arraigned on April 29, 1991 and pleaded not guilty; trial on the merits followed.
The prosecution presented six witnesses who testified that, at about 10:00 p.m. on the date in question, Panerio and Orteza—both drunk—disrupted games at a billiard hall, left, encountered Elesio on the road, and repeatedly stabbed him; one eyewitness, Virgilio Olivar, saw the stabbing and police later recovered a fan knife from Panerio and an ice pick from Orteza. Post-mortem findings showed eleven stab/puncture wounds; cause of death was hemorrhage secondary to multiple stab wounds. Panerio and Orteza were taken into custody, but on November 23, 1992 both escaped while under guard; the trial court ordered the case archived pending their arrest. Panerio was re-arrested April 14, 2008; Orteza remained at large.
Panerio testified in his defense, claiming self-defense: he said Elesio first boxed and attempted to stab him, that he hit Elesio’s hand causing the knife to fall, then picked it up and stabbed Elesio three times; he also testified his escape was not voluntary but that he was dragged by Orteza. The Regional Trial Court (RTC), Branch 12, Davao City, in a February 4, 2009 Decision convicted both accused of murder, sentenced them to reclusion perpetua, and awarded P50,000 each as civil indemnity and moral damages; the RTC treated Orteza as having waived his right to present evidence because of his escape.
Panerio appealed to the Court of Appeals (CA). In a February 24, 2011 decision in CA-G.R. CR-H.C. No. 00707-MIN, the CA affirmed with modification: it sustained guilt for murder but adjusted damages, ordering P50,000...(Subscriber-Only)
Issues:
- Did the trial and appellate courts err in failing to appreciate the justifying circumstance of self-defense in favor of accused-appellant Panerio?
- Was the killing attended by treachery so as to qualify the crime as murder rather than homicide?
- What are the appropriate penalty and monetary awards in view of t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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