Case Digest (G.R. No. 226335)
Facts:
Wilson Roman was charged with Murder before the RTC of Iriga City, Branch 35 for the hacking death of Vicente Indaya. At his arraignment on February 6, 2004, he pleaded not guilty, and trial followed for an incident that occurred on June 22, 1995 at a wedding party in Barangay Coguit, Balatan, Camarines Sur. The RTC found him guilty beyond reasonable doubt, dismissed his plea of self-defense, and imposed imprisonment from twenty years and one day to forty years of reclusion perpetua, awarding damages to the heirs of the victim.On appeal, the CA affirmed the conviction with modification of the damages, reduced civil indemnity and deleted actual damages, while maintaining moral damages, and awarding temperate and exemplary damages based on treachery. Roman maintained before the Supreme Court that he acted in self-defense and that treachery was not proven.
Issues:
- Whether the accused-appellant may properly invoke self-defense.
- Whether the qualifying circumstance of treachery e
Case Digest (G.R. No. 226335)
Facts:
- Filing and identity of the case
- The appeal arose from the Decision dated February 28, 2011 of the Court of Appeals in CA-G.R. CR-H.C. No. 03972, which affirmed with modification the Judgment dated June 10, 2009 of the Regional Trial Court (RTC) of Iriga City, Branch 35, in Criminal Case No. lR-4231.
- On November 11, 1996, Wilson Roman (accused-appellant) was charged with Murder before the RTC of Iriga City, Branch 35.
- During arraignment on February 6, 2004, the accused-appellant pleaded not guilty.
- Prosecution evidence at trial
- The prosecution presented the following witnesses: Elena Romero (Romero), Asterio Ebuenga (Ebuenga), Martin Borlagdatan (Borlagdatan), Elisea Indaya (Indaya), Ramil Baylon (Baylon), SPO1 Medardo Delos Santos, and Dr. Teodora Pornillos (Dr. Pornillos).
- Romero testified that on the morning of June 22, 1995, she was at a wedding party at the house of Andang Toniza in Barangay Coguit, Balatan, Camarines Sur.
- Romero testified that she witnessed the accused-appellant hack Vicente Indaya (victim) unrelentingly with a bolo.
- Romero testified that the victim was hit on the head, nape, right shoulder, base of the nape, and right elbow before he fell on the ground and instantly died.
- Borlagdatan testified that he was at the kitchen getting rice to be served when he heard shouting that somebody was hacked.
- Borlagdatan testified that when he went out, he saw the victim lying on his stomach drenched in his own blood, while the accused-appellant stood in front of him holding a bolo.
- Borlagdatan testified that he tried to seize the bolo from the accused-appellant but the latter made a downward thrust hitting his right thumb.
- Borlagdatan left and went to the nearby health center to have his wound treated.
- Ebuenga and Baylon corroborated Borlagdatan’s testimony.
- Ebuenga testified that he was only two (2) feet away when the accused-appellant hacked the victim at the back of his head, nape, and left shoulder.
- Baylon testified in open court by demonstrating the incident, with a court employee acting as the victim and having his back to Baylon.
- Baylon’s demonstration showed the accused-appellant mimicking hacking the victim five (5) times.
- Baylon testified that the accused-appellant continued hacking even when the victim was already on his knees.
- Indaya, the wife of the victim, testified that she learned of the incident from her sister-in-law, Consorcia Villaflor, and that they proceeded to the crime scene.
- Indaya testified that she saw her husband lying on his stomach with five (5) hack wounds at the back of his head.
- Indaya testified on the damages sustained by their family due to the victim’s untimely demise, as he was a father to eleven (11) children and the breadwinner.
- Dr. Pornillos interpreted in open court the Necropsy Report executed by Dr. Mario Banal (Dr. Banal), who conducted the post-mortem examination on the victim’s cadaver.
- Dr. Pornillos testified that the victim sustained seven (7) hack wounds.
- Dr. Pornillos testified that the first and second wounds were inflicted at the back of the head and at the posterior lobe, respectively, while the third and fourth were found at the skull.
- Dr. Pornillos testified that the fifth and sixth wounds were inflicted at the left shoulder, and the seventh wound was at the back portion above the waist along the spine.
- Dr. Pornillos testified that the weapon used could be a bolo and that the assailant was positioned at the back of the victim.
- Dr. Pornillos testified that the wounds could have been inflicted while the victim was already down on the ground.
- Defense evidence
- The accused-appellant proffered a different version of the incident.
- He testified that on June 22, 1995, he went to the house of his parents-in-law in Barangay Coguit, Balatan, Camarines Sur to bring bamboos he towed from San Isidro, Balatan, Camarines Sur.
- On his way back, he met his close friend Abundio Belbis (Belbis), who cajoled him to attend a wedding party in Barangay Coguit, Balatan, Camarines Sur.
- At the wedding venue, the accused-appellant saw the victim having a heated exchange of words with his brother-in-law, Geronimo Villaflor (Villaflor), a friend of the accused-appellant.
- The accused-appellant testified that he pacified the two and told Villaflor to leave.
- He testified that he joined Belbis and had drinks.
- After about twenty (20) minutes, the accused-appellant testified that the victim suddenly appeared, tapped their table loudly, pointed at him, and exclaimed that he would kill him and that he was like his friends.
- The accused-appellant testified that he stood up and turned to leave.
- While leaving, he heard someone shout that he would be hacked.
- The accused-appellant testified that when he turned his head, he saw the victim running toward him with a bolo.
- He testified that he moved back and leaned on the fence, but the victim hit him on his left hand at the back of his palm.
- The accused-appellant testified that after he wrapped his palm with a towel, the victim hit him once again, but he was able to dodge.
- He testified that he lost control of himself, pulled his bolo from the scabbard, and hacked the victim.
- Delia Tampoco (Tampoco), presented by the defense, testified that when she saw the victim aiming to hack the accused-appellant, she shouted, “Wilson, you will be hacked,” and the accused-appellant was able to move back and avoid the attack.
- Tampoco testified that the victim lunged at the accused-appellant again.
- Tampoco testified that the accused-appellant was hit once but thereafter seized possession of the bolo from the victim and hacked the victim.
- The accused-appellant testified that he pulled his bolo from the scabbard and hacked the victim.
- Findings on the RTC level
- On June 10, 2009, the RTC rendered a decision finding the accused-appellant guilty beyond reasonable doubt of murder.
- The RTC’s dispositive portion sentenced him to imprisonment from twenty (20) years and one (1) day to forty (40) years of reclusion perpetua.
- The RTC ordered indemnification to the heirs of the victim in the following amounts:
- Civil indemnity for the death: PHP 100,000.00
- Actual damages: PHP 50,000.00
- Moral damages: PHP 50,000.00
- Cost of suit
- The RTC ruled that all elements of murder were established.
- The RTC found identity of the accused-appellant as the perpetrator through categorical eyewitness testimonies (Romero...(Subscriber-Only)
Issues:
- Claim of self-defense
- Whether the accused-appellant may properly invoke self-defense to avoid criminal liability.
- Existence of treachery
- Whether the qualifying ci...(Subscriber-Only)
Ruling:
- (Subscriber-Only)