Case Digest (G.R. No. 213792)
Facts:
Guillermo Wacoy y Bitol v. People of the Philippines, G.R. No. 213792; and James Quibac y Rafael v. People of the Philippines, G.R. No. 213886, June 22, 2015, Supreme Court First Division, Perlas‑Bernabe, J., writing for the Court.Petitioners Guillermo Wacoy y Bitol and James Quibac y Rafael were charged by Information dated June 10, 2004 before the Regional Trial Court (RTC) of Benguet, Branch 10 with the crime of Homicide under Article 249 of the Revised Penal Code (RPC) for the April 11, 2004 mauling and subsequent death of Elner Aro at Ambongdolan, Tublay, Benguet; the Information alleged conspiracy and the aggravating circumstance of superior strength.
Prosecution witness Edward Benito testified that around 3:00 p.m. on April 11, 2004 he found Aro sprawled on the ground; he saw Wacoy kick Aro twice and pick up a rock (later restrained), and then Quibac punch Aro in the stomach, after which Aro collapsed and was taken to the hospital. Hospital records showed blunt abdominal trauma with injury to the jejunum and a perforated ileum with generalized peritonitis; Aro suffered cardiac arrest during surgery, lapsed into a coma, was taken out of the hospital and died the following day. The death certificate attributed death to cardiopulmonary arrest antecedent to perforated ileum and generalized peritonitis secondary to mauling, but an autopsy reported rupture of the aorta secondary to blunt traumatic injuries.
Petitioners denied the homicide charge. They said they were playing pool when Aro, intoxicated, became unruly; Wacoy picked up a stone but was pacified, and an intervening fistfight involved others. They maintained their intent was merely to maltreat Aro, not to kill him.
In a Judgment dated February 28, 2011 the RTC found Wacoy and Quibac guilty of Death Caused in a Tumultuous Affray under Article 251, RPC, sentenced them to an indeterminate term equivalent to prision correccional to prision mayor, and awarded P25,000 temperate damages, P50,000 civil indemnity, and P50,000 moral damages. The RTC reasoned conspiracy was not proven and the medical reports were not categorical that the mauling directly caused death.
Petitioners appealed to the Court of Appeals (CA). In a Decision dated December 6, 2013 (CA‑G.R. CR No. 34078, penned by Associate Justice Melchor Q.C. Sadang, with Associate Justices Celia C. Librea‑Leagogo and Franchito N. Diamante concurring), the CA modified the conviction to Homicide under Article 249, RPC, found the mitigating circumstance of lack of intent to commit so grave a wrong, imposed an adjusted indeterminate sentence (six years and one day to twelve years and one day), increased awarded damages’ legal interest, and adjusted damages in line with prevailing jur...(Subscriber-Only)
Issues:
- Did the Court of Appeals correctly convict petitioners Wacoy and Quibac of Homicide under Article 249 of the Revised Penal Code?
- If so, what is the proper penalty and are mitigating circumstances and damages properly applied (including the applicability of Article 49 and Article 13(3), and the Indet...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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