Case Digest (G.R. No. 130415)
Facts:
People of the Philippines v. Alvin Yrat y Bugahod and Raul Jimena y Pollescas alias Bobong, G.R. No. 130415, October 11, 2001, Supreme Court Second Division, Buena, J., writing for the Court.
The prosecution charged appellants Alvin Yrat and Raul Jimena with murder for the December 27, 1995 killing of Benjamin Aca-ac in Barangay Biasong, Lopez Jaena, Misamis Occidental. The Information alleged conspiracy, intent to kill, and the presence of the qualifying circumstance of treachery and the generic aggravating circumstance of abuse of superior strength.
At arraignment on May 21, 1996, Raul Jimena pleaded not guilty and proceeded to trial while Alvin Yrat remained at large. The prosecution presented eyewitness testimony (including Violeta and Virginia Singcay), the victim’s wife Julia Aca-ac, and medico-legal evidence by Dr. Rachel Micarandayo. Yrat was arrested on September 3, 1996 and arraigned September 6, 1996, pleading not guilty; he thereafter adopted the defense evidence presented by Jimena and also testified for Jimena.
The prosecution’s theory was that earlier altercations and threats occurred between the parties at a videoke bar; later that evening Yrat approached the victim from behind and struck him with the butt of a pistol while Jimena simultaneously struck the victim’s face, after which Yrat moved in front and fired two fatal shots. The medico-legal certificate documented two entrance gunshot wounds and one exit wound; the victim died. Yrat admitted shooting the victim but asserted self-defense, claiming prior provocation and that the victim drew a gun; Jimena denied participation in the shooting and said he was not present at the exact moment of the shooting.
The Regional Trial Court (RTC), Branch 12, Oroquieta City, found Alvin Yrat guilty as principal of murder and Raul Jimena an accomplice, sentencing Yrat to reclusion perpetua and Jimena to an indeterminate term (as to the application of the Indeterminate Sentence Law). The RTC ordered joint and several civil indemnity and damages: P50,000.00 death indemnity, P20,000.00 funeral expenses, P50,000.00 for loss of earning capacity, and P60,000.00 moral damages.
Both accused appealed to the Supreme Court. Raul Jimena later filed and wa...(Pro-only)
Issues:
- Was the killing of Benjamin Aca-ac murder qualified by treachery (alevosia), or should it be downgraded to homicide?
- Were the RTC’s awards for loss of earning capacity and funeral expenses supported by competent evidence and th...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)