Case Digest (G.R. No. 158057)
Facts:
In Criminal Case No. OD-861, NOE TOLEDO Y TAMBOONG was charged with homicide for allegedly stabbing RICKY F. GUARTE with a bolo on September 16, 1995 at Barangay Libertad, Odiongan, Romblon; the RTC convicted him and imposed an indeterminate penalty and civil indemnity, and the Court of Appeals affirmed with modifications. The petitioner testified that the wound was accidental under Art. 12, paragraph 4 but later advanced self-defense under Art. 11, paragraph 1; he surrendered to the barangay captain and medical evidence showed a fatal stab wound.Issues:
- Whether petitioner was guilty beyond reasonable doubt of homicide.
- Whether petitioner proved self-defense under Art. 11, paragraph 1 or exemption as an accident under Art. 12, paragraph 4.
Ruling:
The petition was denied and the Court affirmed the Court of Appeals' conviction of the petitioner for homicide. The Court held that the petitioner failed to prove either self-defense or the exempting circums Case Digest (G.R. No. 158057)
Facts:
- Background of the dispute
- Parties: NOE TOLEDO Y TAMBOONG, accused and petitioner; People of the Philippines, respondent.
- Charge: Information in RTC of Romblon, Criminal Case No. OD-861, accused with homicide for allegedly stabbing RICKY F. GUARTE with a bolo on or about September 16, 1995, at around 9:30 p.m., in Barangay Libertad, Odiongan, Romblon.
- Prosecution evidence of events
- On September 16, 1995, petitioner had a bolo made earlier that day and returned home to Tuburan, Odiongan, late afternoon.
- Petitioner saw Ricky Guarte and companions (Lani Famero, Michael Fosana, Rex Cortez) drinking at the house of spouses Manuel and Eliza Guarte, about five meters from petitioner's house; petitioner requested they refrain from noise and then went to sleep.
- Around 9:00 p.m., Ricky briefly left with his uncle Gerardo Faminia then returned with the group and slept at the Guarte house.
- The Guarte house was pelted with stones three times; Ricky peeped out, saw petitioner stoning their house, went to petitioner's house, and asked why he was stoning them.
- At petitioner's doorstep and without warning, petitioner stabbed Ricky in the abdomen with a bolo.
- Bystanders (Eliza, Lani) found Ricky bleeding; he was transported by tricycle to Romblon Provincial Hospital.
- Medical and documentary evidence
- Dr. Noralie Fetalvero operated on Ricky the same night; operative findings: stab wound left chest with gastric and transverse colon evisceration measuring 6 cms., perforations of stomach, left lobe of liver, diaphragm, and lower lobe of left lung (Exhibit C).
- Certificate of Death listed immediate cause: cardiorespiratory arrest; antecedent: hypovolemic shock; underlying cause: multiple thoraco-abdominal injury secondary to stab wound (Exhibit B).
- Ricky died during operation due to massive blood loss.
- Petitioner's evidence and account
- Petitioner testified he ordered the group to be quiet, locked his door with a nail, and slept; he was awakened about 9:30 p.m. by noise and admonished them through the window.
- He claimed Ricky, inebriated, drew a balisong, threatened to stab him, and pushed the door open with hands and body; petitioner pushed a sala set against the door to block entry, fled upstairs, retrieved his bolo from a post or wall.
- Petitioner stated he pointed the bolo toward the door; as Ricky pushed and allegedly lost balance, the bolo accidentally hit Ricky in the stomach.
- Petitioner surrendered to the barangay captain on September 17, 1995, at 11:00 a.m.; petitioner did not narrate the accidental hitting to the barangay captain or the police at surrender and did not surrender any weapon at that time. ...(Subscriber-Only)
Issues:
- Main issue for resolution
- Whether NOE TOLEDO Y TAMBOONG is guilty beyond reasonable doubt of homicide based on the record of evidence.
- Subsidiary legal issues presented and argued
- Whether the killing was an accident exempting petitioner from criminal liability under Article 12, paragraph 4, Revised Penal Code.
- Whether petitioner acted in complete self-defense and is justified under Article 11, paragraph 1, Revised Penal Code...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)