Case Summary (G.R. No. 47362)
Conviction and Sentence
Lucio Gutierrez was convicted of murder and sentenced to reclusion perpetua, payment of civil indemnity amounting to P12,000 to the victim's heirs, and half of the costs. His father, Juan Gutierrez, was acquitted due to reasonable doubt. The extensive decision of 127 pages examined testimonies from both prosecution and defense witnesses, totaling 22 individuals.
Factual Background
On the afternoon of the incident, Lucio, slightly intoxicated, confronted Angelita de Castro at her drugstore regarding a marital proposal from his father, which she had rejected. Following a disagreement, Lucio followed her to a private room where Fausto Casanova was present. An altercation ensued, leading to Casanova being fatally stabbed with a kitchen knife. Witness Angelita de Castro observed Lucio holding the knife embedded in Casanova's abdomen right after the incident.
Self-Defense Claim
Lucio claimed self-defense, alleging that Casanova had threatened him first. He contended that during their confrontation, Casanova attempted to assault him physically, warranting the use of the knife to defend himself. However, the court noted that Lucio failed to demonstrate unlawful aggression from Casanova as a precondition for justifying his self-defense plea.
Legal Requirements for Self-Defense
The ruling emphasized the necessity for proving the elements of self-defense as outlined in Article 11 of the Revised Penal Code. Specifically, the accused must establish an unlawful and unprovoked attack. The court found Lucio's testimony regarding the events leading to the stabbing implausible and insufficient to justify his actions, noting that the physical assault (boxing) he described did not meet the threshold of unlawful aggression.
Credibility of Testimonies
The court scrutinized the credibility of Lucio's defenses and contradictory statements, particularly regarding an alleged attack by Casanova involving a heavy typewriter. Evidence suggested the typewriter's weight made it implausible for Casanova to throw it forcefully. Furthermore, prior conflicting statements made by Lucio undercut the reliability of his claims, including inconsistent accounts of how he came to acquire the knife and the nature of his encounters with the victim.
Ante-Mortem Statement and Its Admissibility
The court rejected the admissibility of Casanova's ante-mortem statement as a dying declaration. Essential criteria for such declarations were not met, notably the necessity of the declarant's consciousness of impending death at the time of the statement. Casanova’s acknowledgment of pain did not amount to a conscious realization of impending demise.
Conclusion of the Court
The court held that Lucio's actions were impulsive rather than pre
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Case Overview
- The case involves Lucio Gutierrez, convicted of the murder of Fausto Casanova.
- The conviction was pronounced by Judge Glicerio V. Carriage, Jr. of the Court of First Instance of Cotabato, spanning 127 typewritten pages.
- Lucio was sentenced to reclusion perpetua, ordered to pay P 12,000 as civil indemnity to the victim's heirs, and one-half of the costs.
- Lucio's father, Juan Gutierrez, was acquitted on reasonable doubt and was not a focal point in the appeal.
Background of Incident
- The murder occurred on November 20, 1973, at approximately 3:00 PM in a drug store owned by Angelita de Castro.
- Lucio, slightly intoxicated, attempted to engage Angelita in conversation regarding his father's marriage proposal, which she had consistently rejected.
- Following a series of interactions, Lucio remained where Casanova was seated, leading to the stabbing incident.
The Stabbing Incident
- Lucio stabbed Fausto Casanova with a foot-long kitchen knife, resulting in Casanova's death hours later.
- Angelita de Castro witnessed Lucio holding the knife embedded in Casanova's abdomen as he fled the scene.
- Casanova refused to name his assailant until Lucio was apprehended and presented to him, after which he identified Lucio as the attacker.
Lucio's Defense and Claims
- Lucio admitted to stabbing Casanova but claimed it was an act of self-defense.
- He alleged that Casanova initiated the confrontation by boxing him and throwing a typewriter, prompting Lucio to respond with the knife.
- The court noted that the bur