Case Summary (G.R. No. 96016)
Facts of the Case
The accusation charged that on October 9, 1997, at 11:00 a.m., in Manila, the appellant willfully and unlawfully killed the victim by striking him at the back of the head with a stone, resulting in fatal injuries. The appellant entered a plea of not guilty during his arraignment. The prosecution’s case was supported by eyewitness testimony from Dionisio Poquiz, who observed the incident, wherein the appellant hurled a stone that struck the victim, causing him to fall unconscious and subsequently die after being taken to the hospital.
Evidence and Testimonies
Eyewitness Poquiz testified that the appellant approached the victim while the latter was selling coconuts and without warning, threw a stone at him from behind. The autopsy conducted revealed traumatic head injuries, confirming that the victim was attacked from behind, supporting allegations of treachery. In contrast, the appellant claimed self-defense, asserting that the victim had attempted to attack him with a bolo, prompting him to throw the stone.
Trial Court Findings
The trial court dismissed the appellant's defense of self-defense, determining that the evidence presented by the prosecution established guilt beyond a reasonable doubt. The court emphasized the absence of any basis for believing that the victim posed an immediate threat at the time of the attack, thus agreeing that the killing was executed with treachery.
Legal Principles Involved
The court reasoned that treachery was present since the attack was sudden and occurred without warning, leaving the victim with no opportunity to defend himself. Additionally, Article 248 of the Revised Penal Code defined the crime of murder, under which the appellant was convicted, noting that there were no mitigating or aggravating circumstances to alter the penalty of reclusion perpetua.
Appellant's Appeal
The appellant’s appeal rested on assertions that his guilt was not proven beyond a reasonable doubt and that the prosecution's witness testimonies were inherently improbable. However, the appellate court noted the consistent and credible nature of Poquiz's testimony, alongside the findings of the postmortem examination, countering the appellant's self-defense claim.
Civil Liability and Damages
The trial court's decision included orders for the appellant to compensate the victim's heirs for moral damages, nominal damages, and civil indemnity, but the appellate court modified the amounts due to concerns over lack of evidence for certain damages claimed. It affirmed the constitutional right to indemnity for wrongful death but required
...continue readingCase Syllabus (G.R. No. 96016)
Case Background
- The appellant, Eusebio Duban y Domingo, was found guilty of murder by the Regional Trial Court, Branch 18, Manila, and sentenced to reclusion perpetua.
- The case stemmed from an incident on October 9, 1997, where Duban allegedly attacked and killed Dionisio Barboza by striking him with a stone.
- The prosecution's information indicated that the attack was premeditated and treacherous, aimed to kill.
Incident Description
- The attack occurred around 11:00 AM while Barboza was selling coconuts.
- Prosecution witness Dionisio Poquiz observed the incident; he was drinking coconut juice in his jeepney when he saw Duban hurl a stone weighing approximately one kilo at Barboza from about a meter away.
- The stone struck Barboza at the back of his head, leading to his unconsciousness and subsequent death shortly after being taken to the hospital.
Medical Findings
- A postmortem examination conducted by Dr. Ravell Ronald R. Baluyot revealed severe injuries:
- Cyanosis of lips and nail beds, indicating lack of oxygen.
- Blood oozing from the right ear, and a lacerated wound on the scalp.
- Extensive scalp hematoma and fractures of the skull.
- Intracranial hemorrhage was found in various areas of the brain.
Appellant's Defense
- Duban claimed self-defense, alleging that he was attacked first by Barboza.
- He recounted an earlier encounter where Barboza allegedly threw gin at his face and later attemp