G.R. No. 202867, July 15, 2013 - PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE LABIAGA, Appellant.
SECOND DIVISION
G.R. No. 202867, July 15, 2013
PEOPLE OF THE PHILIPPINES, Appellee, v. REGIE LABIAGA, Appellant.
D E C I S I O N
CARPIO, J.:
That on or about December 23, 2000 in the Municipality of Ajuy, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another, armed with unlicensed firearm, with deliberate intent and decided purpose to kill, by means of treachery and with evident premeditation, did then and there wilfully, unlawfully and feloniously attack, assault and shoot JUDY CONDE alias ‘JOJO’ with said unlicensed firearm, hitting her and inflicting gunshot wounds on the different parts of her breast which caused her death thereafter.
CONTRARY TO LAW.
That on or about December 23, 2000 in the Municipality of Ajuy, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and helping one another, armed with unlicensed firearm, with deliberate intent and decided purpose to kill, by means of treachery and with evident premeditation, did then and there wilfully, unlawfully and feloniously attack, assault and shoot Gregorio Conde with said unlicensed firearm, hitting him on the posterior aspect, middle third right forearm 1 cm. in diameter; thereby performing all the acts of execution which would produce the crime of Murder as a consequence, but nevertheless did not produce it by reason of causes independent of the will of the accused; that is by the timely and able medical assistance rendered to said Gregorio Conde which prevented his death.
CONTRARY TO LAW.
WHEREFORE, in light of the foregoing, the court hereby finds the accused Regie Labiaga @ “Banok” GUILTY beyond reasonable doubt of the Crime of Murder in Crim. Case No. 2001-1555 and hereby sentences the said accused to reclusion perpetua together with accessory penalty provided by law, to pay the heirs of Judy Conde P50,000.00 as civil indemnity, without subsidiary imprisonment in case of insolvency and to pay the costs.
In Crim. Case No. 2002-1777, the court finds accused Regie Labiaga @ “Banok” GUILTY beyond reasonable doubt of the crime of Frustrated Murder and hereby sentences the said accused to a prison term ranging from six (6) years and one (1) day of prision mayor as minimum to ten (10) years and one (1) day of reclusion temporal as maximum, together with [the] necessary penalty provided by law and without subsidiary imprisonment in case of insolvency and to pay the costs.
Accused[’s] entire period of detention shall be deducted from the penalty herein imposed when the accused serves his sentence.
For lack of sufficient evidence, accused Cristy Demapanag is acquitted of the crime[s] charged in both cases. The Provincial Warden, Iloilo Rehabilitation Center, Pototan, Iloilo is hereby directed to release accused Cristy Demapanag from custody unless he is being held for some other valid or lawful cause.
SO ORDERED.7nadcralavvonlinelawlibrary
The trial court granted the amount of P50,000.00 as civil indemnity in Criminal Case No. 2001-1555. It did not award moral damages. Nonetheless, the trial court should have awarded both, considering that they are two different kinds of damages. For death indemnity, the amount of P50,000.00 is fixed “pursuant to the current judicial policy on the matter, without need of any evidence or proof of damages. Likewise, the mental anguish of the surviving family should be assuaged by the award of appropriate and reasonable moral damages.”9nadcralavvonlinelawlibrary
WHEREFORE, premises considered, the appeal is DENIED. The Joint Decision dated March 10, 2008 of the Regional Trial Court, Branch 66, in Barotac Viejo, Iloilo is AFFIRMED with MODIFICATIONS. The dispositive portion of the said Joint Decision should now read as follows:cralavvonlinelawlibraryWHEREFORE, in light of the foregoing, the court hereby finds the accused Regie Labiaga @ “Banok” GUILTY beyond reasonable doubt of the crime of Murder in Crim. Case No. 2001-1555 and hereby sentences the said accused to reclusion perpetua together with the accessory penalty provided by law, to pay the heirs of Judy Conde P50,000.00 as civil indemnity, P50,000.00 as moral damages and P25,000.00 as exemplary damages, without subsidiary imprisonment in case of insolvency and to pay the costs.SO ORDERED.10nadcralavvonlinelawlibrary
In Crim. Case No. 2002-1777 the court finds accused Regie Labiaga @ “Banok” GUILTY beyond reasonable doubt of the crime of Frustrated Murder and hereby sentences the said accused to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum, together with the accessory penalty provided by law, to pay Gregorio Conde P25,000.00 as moral damages and P25,000.00 as exemplary damages, without subsidiary imprisonment in case of insolvency and to pay the costs
Accused(’s) entire period of detention shall be deducted from the penalty herein imposed when the accused serves his sentence.
For lack of sufficient evidence, accused Cristy Demapanag is acquitted of the crime(s) charged in both cases. The Provincial Warden, Iloilo Rehabilitation Center, Pototan, Iloilo is hereby directed to release accused Cristy Demapanag from custody unless he is being held for some other valid or lawful cause.
SO ORDERED.
When the accused admits killing a person but pleads self-defense, the burden of evidence shifts to him to prove by clear and convincing evidence the elements of his defense. However, appellant’s version of the incident was uncorroborated. His bare and self-serving assertions cannot prevail over the positive identification of the two (2) principal witnesses of the prosecution.12
x x x [T]he appellant did not even bother to report to the police Gregorio’s alleged unlawful aggression and that it was Gregorio who owned the gun, as appellant claimed. And, when appellant was arrested the following morning, he did not also inform the police that what happened to Gregorio was merely accidental.13
It is well settled that the evaluation of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses first hand and to note their demeanor, conduct, and attitude under grilling examination. These are important in determining the truthfulness of witnesses and in unearthing the truth, especially in the face of conflicting testimonies. For, indeed, the emphasis, gesture, and inflection of the voice are potent aids in ascertaining the witness’ credibility, and the trial court has the opportunity [to] take advantage of these aids.16
Art. 6. Consummated, frustrated, and attempted felonies.— Consummated felonies as well as those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
1.) In [a] frustrated felony, the offender has performed all the acts of execution which should produce the felony as a consequence; whereas in [an] attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution.
2.) In [a] frustrated felony, the reason for the non-accomplishment of the crime is some cause independent of the will of the perpetrator; on the other hand, in [an] attempted felony, the reason for the non-fulfillment of the crime is a cause or accident other than the offender’s own spontaneous desistance.20
Prosecutor Con-El:cralavvonlinelawlibrary
Q: When you examined the person of Gregorio Conde, can you tell the court what was the situation of the patient when you examined him?
A: He has a gunshot wound, but the patient was actually ambulatory and not in distress.
x x x x
Court (to the witness)
Q: The nature of these injuries, not serious?
A: Yes, Your Honor, not serious. He has also abrasion wounds hematoma formation at the anterior aspect right shoulder.22
x x x the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the [Revised Penal] Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense.
Endnotes:
* Designated Acting Member per Special Order No. 1484 dated 9 July 2013.cralawlibrary
1Rollo, pp. 2-18. Penned by Acting Executive Justice Pampio A. Abarintos, with Justices Eduardo B. Peralta, Jr. and Gabriel T. Ingles, concurring.cralawlibrary
2 CA-Cebu rollo, pp. 32-39. Penned by Judge Rogelio J. Amador.cralawlibrary
3 Records (Criminal Case No. 2001-1555), p. 1.cralawlibrary
4 Records (Criminal Case No. 2002-1777), p. 1.cralawlibrary
5 Records (Criminal Case No. 2001-1555), p. 7.cralawlibrary
6 TSN, 29 September 2005, p. 6.cralawlibrary
7 CA-Cebu rollo, pp. 38-39.cralawlibrary
8 Id. at 26.cralawlibrary
9Rollo, p.15, citing People v. Mayingque, G.R. No. 179709, 6 July 2010, 624 SCRA 123.cralawlibrary
10 Id. at 17-18.cralawlibrary
11 423 Phil. 113 (2001).cralawlibrary
12 Id. at 121.cralawlibrary
13Rollo, p. 13.cralawlibrary
14 Ingal v. People, 571 Phil. 346 (2008).cralawlibrary
15 G.R. No. 186463, 14 November 2012, 685 SCRA 578.cralawlibrary
16 Id. at 589, citing People v. Dion, G.R. No. 181035, 4 July 2011, 653 SCRA 117, 133.cralawlibrary
17People v. Albarido, 420 Phil. 235 (2001).cralawlibrary
18 People v. Gonzalez, Jr., 411 Phil. 893 (2001).cralawlibrary
19 G.R. No. 175023, 5 July 2010, 623 SCRA 322.cralawlibrary
20 Id. at 337-338, citing Palaganas v. People, 533 Phil. 169 (2006).cralawlibrary
21People v. Costales, 424 Phil. 321 (2002), citing People v. Dela Cruz, 353 Phil. 362 (1998) and People v. Zaragosa, 58 O.G. 4519.cralawlibrary
22 TSN, 29 September 2005, pp. 4-6.cralawlibrary
23People v. Lucero, G.R. No. 179044, 6 December 2010, 636 SCRA 533.cralawlibrary
24 Id.