FIRST DIVISION
G.R. No. 176102, November 26, 2014
ROSAL HUBILLA Y CARILLO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
R E S O L U T I O N
BERSAMIN, J.:
That on or about the 30th day of March, 2000 at about 7:30 P.M., in Barangay Dalupaon, Pasacao, Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with intent to kill, and without any justifiable cause, did then and there willfully, unlawfully and feloniously assault, attack and stab one JAYSON ESPINOLA Y BANTA with a knife , inflicting upon the latter mortal wounds in his body, thus, directly causing his death, per Death Certification hereto attached as annex "A" and made an integral part hereof, to the damage and prejudice of the deceased's heirs in such amount as may be proven in court.
Acts Contrary to Law.3
Alejandro Dequito testified that around seven in the evening or so of March 30, 2000, he, together with his compadre Nicasio, was at the gate of Dalupaon Elementary School watching the graduation ceremony of the high school students. While watching, his cousin Jason Espinola, herein victim, arrived. Later, however, appellant approached the victim and stabbed the latter. When asked to demonstrate in open court how the appellant stabbed the victim, this witness demonstrated that with the appellant's left arm around the neck of the victim, appellant stabbed the victim using a bladed weapon.
He aided the victim as the latter was already struggling to his feet and later brought him to the hospital.
Nicasio Ligadia, witness Dequito's companion at the time of the incident, corroborated the testimony of Dequito on all material points.
Marlyn Espinosa, the mother of the deceased, testified that her son was stabbed in front of the [elementary] school and later brought to the Bicol Medical Center. She stated that her son stayed for more than a month in the hospital. Thereafter, her son was discharged. Later, however, when her son went back to the hospital for a check-up, it was discovered that her son's stab wound had a complication. Her son was subjected to another operation, but died the day after.
She, further, stated that the stabbing incident was reported to the police authorities. She, likewise, stated the amounts she incurred for the wake and burial of her son.
Robert Casin, the medico legal expert, testified that the cause of death of the victim, as stated by Dr. Bichara, his co-admitting physician, was organ failure overwhelming infection. He, further, stated that the underlined cause of death was a stab wound.
The appellant, in his testimony, narrates his statement of facts in this manner:chanroblesvirtuallawlibrary
He testified that around seven in the evening or so of March 30, 2000, he was at the Dalupaon High School campus watching the high school graduation rites. At half past seven, while walking towards the gate of Dalupaon High School on his way home, he was ganged up by a group of four (4) men.
The men attacked and started to box him. After the attack he felt dizzy and fell to the ground. He was not able to see or even recognize who attacked him, so he proceeded home. Shortly after leaving the campus, however, he met somebody whom he thought was one of the four men who ganged up on him. He stabbed the person with the knife he was, then, carrying. When asked why he was in possession of a knife, he stated that he used it in preparing food for his friend, Richard Candelaria, who was graduating that day. He went home after the incident.
While inside his house, barangay officials arrived, took him and brought him to the barangay hall, and later to the Pasacao PNP. On his way to the town proper, he came to know that the person he stabbed was Jason Espinola. He felt sad after hearing it.4
WHEREFORE, premises considered, the decision of the Regional Trial Court of Naga City, Branch 20, in Criminal Case Number 2000-0275, finding appellant Rosal Hubilla y Carillo, guilty beyond reasonable doubt of Homicide is, hereby, AFFIRMED with MODIFICATIONS. Appellants (sic) sentence is reduced to six months and one day to six years of prision correccional as minimum, to six years and one day to twelve years of prision mayor as maximum.
The civil aspect of the case is MODIFIED to read: The award of actual damages in the amount of Php 81,890.04, representing expenses for medical and funeral services, is reduced to Php 16,300.00. A civil indemnity, in the amount of Php 50,000.00, is awarded to the legal heirs of the victim Jason Espinola. We affirm in all other respects.
SO ORDERED.
WHEREFORE, the instant Motion for Reconsideration is PARTIALLY GRANTED. Our decision promulgated on July 16, 2006, which is the subject of the instant motion is, hereby AMENDED such that the judgment shall now read as follows:chanRoblesvirtualLawlibraryWHEREFORE, premises considered, the decision of the Regional Trial Court of Naga City, Branch 20, in Criminal Case Number 2000-0275, finding appellant Rosal Hubilla y Carillo, guilty beyond reasonable doubt of Homicide is, hereby, AFFIRMED with MODIFICATIONS. Appellant is sentenced to an indeterminate penalty of six months and one day of prison correctional, as minimum, to eight (8) years and one (1) day of prision mayor.
The civil aspect of the case is MODIFIED to read: The award of actual damages in the amount of Php 81,890.04, representing expenses for medical and funeral services, is reduced to Php 16,300.00. A civil indemnity, in the amount of Php 50,000.00, is awarded to the legal heirs of the victim Jason Espinola. We affirm in all other respects.
The case is, hereby, remanded to the Regional Trial Court of Naga, Branch 20, for appropriate action on the application for probation of, herein, appellant.
SO ORDERED.
Section 40. Return of the Child in Conflict with the Law to Court. -If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has wilfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.
Endnotes:
* Vice Associate Justice Estela M. Perlas-Bernabe per Special Order No. 1885 dated November 24, 2014.
1 Republic Act No. 9344, Section 2 (b).
2 Republic Act No. 9344, Section 2 (f).
3Rollo, p. 21.
4 Id. at 31-33.
5 Id. at 22-27.
6 Id. at 29-44; penned by Associate Justice Jose L. Sabio, Jr. (deceased), concurred in by Associate Justice Rosalinda Asuncion-Vicente (retired) and Associate Justice Sesinando E. Villon.
7 Id. at 58-62.
8 Per his birth certificate, Rosal's date of birth was November 2, 1982.
9 Article 68, par. 2 of the Revised Penal Code.
10 Resolution dated November 24, 2009.
11 Section 46 (2), A.M. No. 02-1-18-SC, Rule on Juveniles in Conflict with the Law. See also Sec. 5 (k) of RA 9344 which provides: Every child in conflict with the law shall have the following rights, including but not limited to:chanroblesvirtuallawlibrary
x x x x
(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty; (Emphasis Supplied)
12Establishing A Probation System, Appropriating Funds Therefor and For Other Purposes (July 24, 1976).
13 The provisions of all these agreements are adopted by or incorporated in RA 9344, per Section 5.
14 19.1 of the Beijing Guidelines (November 29, 1985) provides: "The placement of a juvenile in an institution shall be a disposition of last resort and for the minimum necessary period." Also 17.1 (b) also provides that: "Restrictions on the personal liberty of the juvenile shall be imposed only after careful consideration and shall be limited to the possible minimum."
15 Fundamental Perspectives No. 2 states: "Juveniles should only be deprived of their liberty in accordance with the principles and procedures set forth in these Rules and in the United Nations standard minimum rules for the Administration of Juvenile Justice (The Beijing Rules). Deprivation of the liberty of a juvenile should be a disposition of last resort and for the minimum necessary period and should be limited to exceptional cases. The length of the sanction should be determined by judicial authority, without precluding the possibility of his or her early release."