Case Digest (G.R. No. 241126)
Facts:
The case involves petitioner Romeo H. Dawat, Jr., who was charged with homicide for the death of Wenceslao Flores on the night of September 22, 2011, in Barangay Pambuhan, Mercedes, Camarines Norte. At approximately 10:00 PM, Wenceslao and several others, including Emily Aloc and Robert Oliva, were drinking at a house terrace. Wenceslao excused himself to answer the call of nature but failed to return. Emily searched for him and witnessed petitioner holding and stabbing Wenceslao in the neck with a bolo. After inflicting the fatal wound, petitioner threatened Emily with the same bolo but spared her life upon her pleas. Wenceslao managed to go to his father’s house but was found severely injured and declared dead upon arrival at the hospital from hemorrhagic shock due to the hack wound on his neck.
Petitioner, on the other hand, claimed self-defense. He alleged that Robert and Wenceslao were throwing stones and that Wenceslao, armed with a knife, assaulted him first. Petitioner
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Case Digest (G.R. No. 241126)
Facts:
- Charge and Incident
- Romeo H. Dawat, Jr. (petitioner) was charged with Homicide under Article 249 of the Revised Penal Code for the death of Wenceslao Flores.
- The crime allegedly took place around 10:00 PM on September 22, 2011, in Barangay Pambuhan, Mercedes, Camarines Norte.
- Petitioner armed himself with a bolo and stabbed Wenceslao Flores in the neck, causing his instantaneous death.
- Prosecution Version
- On the night of the incident, Emily Aloc, Sherly Abanto, Robert Oliva, and Wenceslao were drinking together at a terrace when Wenceslao excused himself.
- Emily saw petitioner holding Wenceslao by the neck and slitting it with a bolo.
- Petitioner threatened Emily with the bolo but relented after she pleaded.
- Robert saw Wenceslao bleeding and heard him say that petitioner stabbed him.
- Wenceslao’s sister, Myrna, found him bloodied and lying face down; the victim declared petitioner responsible before he died at the hospital of hemorrhagic shock due to the neck wound.
- Defense Version
- Petitioner claimed self-defense, stating that he was asleep at the back of his house when awakened by Robert and Wenceslao’s shouts and stone-throwing acts.
- Wenceslao allegedly jumped over the fence, threw a stone and punched petitioner while holding a knife.
- Petitioner grabbed a bolo and, while holding Wenceslao by the head, accidentally caused the wound when Wenceslao moved his neck.
- Petitioner denied intent to kill and claimed the wound was inflicted in self-defense.
- Trial Court Proceedings and Decision
- Petitioner pleaded not guilty but later interposed self-defense.
- The trial court found the prosecution witnesses credible and held that petitioner’s admission did not justify the killing.
- Petitioner was convicted of homicide and sentenced to 10 years and 1 day to 17 years and 4 months imprisonment, with damages awarded to the heirs of the victim.
- Court of Appeals (CA) Ruling
- The CA affirmed the conviction but modified the amount of civil indemnity and added temperate damages plus interest.
- It ruled that petitioner failed to prove self-defense due to absence of unlawful aggression by the victim.
- Petitioner's motion for reconsideration was denied by the CA.
- Petition to the Supreme Court
- Petitioner contended the CA erred in crediting prosecution witnesses despite inconsistencies, and in rejecting his claim of self-defense.
Issues:
- Did the Court of Appeals err in giving full credence to the testimonies of the prosecution witnesses despite inconsistencies?
- Did the Court of Appeals err in not giving credence to petitioner’s claim of self-defense due to alleged unlawful aggression by the victim?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)