People v. Ibaez : 148627 : April 28, 2004 : J. Puno : Second Division :
[G.R. NO. 148627.
PEOPLE OF THE PHILIPPINES,
Appellee, v. JENELITO
IBAEZ @ JEN, JOVY IBAEZ, DANILO IBAEZ @ TABUNO, and FERNANDO DELA PAZ @
D E C I S I O N
If it were not so lamentable, the situation would be considered
Belardo Pagapulan lost
his life because of an altercation over a fighting cock.
It is shocking to what depths the premium
placed on human life has plummeted.
Before us is an appeal filed by appellants JENELITO IBAEZ and
DANILO IBAEZ of the decision of the lower court finding them guilty beyond
reasonable doubt of the crime of murder.
Earlier, the two appellants and two other accused, JOVY IBAEZ and FERNANDO
DELA PAZ @ NENE CALVO1,
were charged for the murder of Belardo Pagapulan. The Information2 against them reads, viz:chanroblesvirtua1awlibrary
That on or about the 10thday of December, 1991, in the
evening, at Barangay Ocayan, in the Municipality of Bataraza, Province of Palawan,
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused with evident premeditation and treachery, while armed with
bladed weapon and with intent to kill, and by means of superior strength, did
then and there willfully, unlawfully and feloniously attack, assault and stab
one BELARDO PAGAPULAN, hitting him in the various vital parts of his body and
inflicting upon him mortal injuries which were the direct and immediate cause
of his instantaneous death.
CONTRARY TO LAW.
The cases against accused Jovy Ibaez and Fernando de la Paz were
archived as they continue to remain at large.
Trial ensued in the cases against Appellants.
During the trial, the prosecution presented as its first witness
CRISTETA GARCENIEGO, 29 years old, married, and daughter of the victim Belardo
Cristeta testified that on
10 December 1991, at about 7:00 pm, she was with her five little children in their her house in Ocayan, Bataraza,
Her father, Belardo came to stayand stayedwith them while as Cristetas husband was away at
Wescom undergoing training as a CAFGU.3 As they were eating their dinner, they heard some persons approaching their
Some 250 meters away, these
persons started bellowing in Ilonggo,
Patyon namon ang Tatay mo.4 (Meaning, We will kill your Father.)
Cristeta bade her father to hide under the house.5 Under the light of the moon, Cristeta identified the persons making the threat
as appellant Jenelito Ibaez, appellant Danilo Ibaez, accused Jovy Ibaez, and
accused Fernando dela Paz.
She was very
familiar with all of them, as they were her neighbors and they frequently came
and ate at her house.6 Appellant Danilo hurled objects at their house and ordered Belardo to come
His companions, who were standing
beside him, threatened to go up the stairs of the house and shoot Belardo if he
did not come down.
Cristeta stood at
the door of the house,7 around 1 armslength away from the four assailants.8 She asked them why they were looking for her father when he did not do anything
to them, and informed them that they were trespassing.9 Still, they insisted that Belardo come out of the house.
Belardo went out, stood about an arms-length
away from the four men, and asked them what they wanted.
The four assailants, all carrying bolos,
encircled the victim.
Jenelito Ibaez Jen positioned himself at Belardos
back and immediately hacked him from behind.
Appellant Danilo Tabunofollowed suit, then the other two assailants also hacked at the
Cristeta continuously shouted Tulungan ninyo ako para maawat sila. Belardo fell to the ground, but the four men continued hacking him.
After they left, Cristeta approached her
father and ascertained that he was dead.
had sustained twenty-four (24) hackwounds and some small woundson his
ran across the road to her godfathers house.
He met her and assisted her in shouting for help.
Some people came, looked at Belardos dead
body, and reported the incident at the police station in Rio Tuba.
The next morning, policeman Arthur Casiple
came and examined the body. Upon their request, a certain Mr.
Bardago took four pictures11 of her father.
Casiple told Cristeta
that there was no doctor available to conduct the autopsy of the body.
As two days had already passed by then, and, and Belardos body remained
unembalmed,. Cristeta was advised to bury him.12 She
surmises that the four accused slew her father because they were the culprits
fingered for the loss of Belardos fighting cock which they had allegedly
The cock was later found at a
Finally, she testified that at the time of her fathers death, he
was 48 years old, and he earned his living by farming and harvesting corn and
selling the fighting cocks he raised.
He had net earnings of
P10,000. 00 per year from the corn and P50,000. 00
from the fighting cocks.13 Aside from the loss of Pagapulans prospective income, she and her three
brothers suffered hurt feelings and grief because of the violent and untimely demise
of their father.14 cralawred
As its second witness, the prosecution presented Police
Investigator Arturo P. Casiple.
testified that in the morning of 11 December 1991, he received a report from
the Marine Detachment in Rio Tuba regarding a killing in Barangay Ocayan,
He proceeded to the
crime scene, and saw the victim lying on the ground, having, more or less
twenty hack wounds15 on different parts of his body.
victim was identified as Belardo Pagapulan.
To record the wounds and the fact of death, pictures were taken of the
cadaver.16 Casiple requested an autopsy be conducted by the Rural Health Officer D.
However, the said doctor was
in Manila at the time.
requested that an autopsy be conducted by any doctor at the Brookes Point
District Hospital, but the doctors were all busy with a surgical
Thus, no autopsy was
conducted, and no physician examined the corpse before it was buried.
Neither was the body exhumed later for
examination, as the trial court did not give any order for such.17 On 13 December 1991, Casiple took down Cristetas statement as the sole
eyewitness to the crime.18 cralawred
The parties agreed to stipulate that Belardo Pagapulans death
was not registered with the Local Civil Registrars Office, as Cristeta had
been told there would be registration only after an autopsy of the body had
been conducted.19 cralawred
In his defense, appellant Jenelito Ibaez testified that on 10
December 1991, at around 6:30 to 7:00 p. m.,
he was going home after plowing a
farm lot located around 3 kilometers away. He had with him his bolo, an
implement in his work.
When he reached
the road near the house of Belardo Pagapulan, he was suddenly hacked by
Pagapulan.20 He was hit on the right side of his face.21 Appellant stepped backward, but again, Pagapulan hacked him on his right
Appellant fought back, and was subsequently hit twice by Pagapulan, inflicting one wound on the left
side portion near his armpit, and another on the second finger(sic) of his foot.22 Using his bolo, appellant parried blows from the bolo of Pagapulan many times.23 He later
received medical treatment at a hospital in Brookes Point.24 cralawred
Appellant avers that he had no misunderstanding with the victim
to warrant Pagapulans sudden attack on him.
However, he supposes the reason for the unprovoked assault was his
cousin, accused Fernando de la Paz conflict with Pagapulan
Belardo regarding their parawakans or fighting cocks.
He narrated that on 5 December 1991,25 while he was ten armslength away from his house, he saw accused De la Paz
having a heated argument with Pagapulan on the road, 25-30 meters away from
Pagapulans house.26 Immediately after, accused De la Paz informed appellant that Pagapulan was
accusing them of letting their fighting cock roam around freely, thus allowing
it to wander near Pagapulans house and fight with his own parawakan.27 cralawred
For his part, appellant Danilo Ibaez foisted the defense of
denial and alibi.
He testified that on
the evening of 10 December 1991, he was at his home in Barangay Ocayan.
With him were accused Jovy Ibaez and
accused De la Paz.
They were resting
while listening to the radio.
Jenelito Ibaez arrived, with wounds on his right cheek and on his right
He was weak from loss of blood.
They immediately brought him for first-aid
treatment to Barangay Captain Flora Ordillas at her house in Barangay Gangud,
Appellant Jenelito Ibaez
told them that at around 10 p. m.,
near his house (Pagapulans),28 Pagapulan hacked him29 because he was angry at accused Dela Paz.
He fought back, and they hacked at each other.30 Appellant Danilo Ibaez denied he had any
first-hand knowledge of the killing of Pagapulan and claimed that he was only
implicated by the children of Pagapulan after his brother had been charged with
the commission of the crime.31 cralawred
Unpersuaded by the appellants defense, on 8 December 2000, the
trial court rendered judgment, the dispositive portion32 whereof reads:chanroblesvirtua1awlibrary
WHEREFORE, premises considered, judgment is hereby rendered finding
both accused JENELITO IBAEZ and DANILO IBAEZ guilty beyond reasonable doubt
as principal of the crime of murder and are hereby sentenced to pay the heirs
of Belardo Pagapulan the following:chanroblesvirtua1awlibrary
Actual and compensatory
Loss of earning
The costs of suit
It appearing from the records of the case that both accused
Jenelito Ibaez and Danilo Ibaez were detained since February 3, 1994, the
period of their preventive imprisonment shall be credited in the imposition of
the penalty which is Reclusion Perpetua or forty (40) years imprisonment.
The case as against co-accused Jovy Ibaez and Fernando dela Paz alias
Nene Clavo who are both at-large is ordered ARCHIVED, to be reinstated upon
their arrest or voluntary surrender.
The alias warrant of arrest previously issued last January 18, 1996 is
In their Brief,33 appellants assigned two errors to the decision of the trial court, viz:
FIRST ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN HOLDING THAT THE KILLING OF THE DECEASED
WAS ATTENDED BY TREACHERY.
SECOND ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN CONVICTING APPELLANT DANILO IBAEZ NOTWITHSTANDING
THAT NEITHER HIS IDENTITIY NOR HIS PARTICIPATION IN THE KILLING OF THE DECEASED
WAS ESTABLISHED BEYOND REASONABLE DOUBT BY THE UNCORROBORATED AND BIASED
TESTIMONY OF THE VICTIMS OWN DAUGHTER.
Appellants assailed the judgment of the trial court on several
First, they allege that there
was no treachery attendant to the killing of Pagapulan.
On the occasion of that fateful day when
Pagapulan was confronted by the appellants and the other accused, he did not
run away but chose to approach them.
Pagapulan even took off his white shirt when he purportedly went down to
hide under the house.
In the minds of
the appellants, this should be seen by the Court as a recognized local fact34 indicative that Pagapulan was readying himself to fight the Appellants.
The victim was therefore not caught unaware
and unable to defend himself, and instead of being cautious, chose to be
On the other hand, the
plaintiff-appellee contends that the trial court properly appreciated the
existence of treachery.
The attack on
Pagapulan had been executed in such a manner so as to make it impossible for
him to retaliate.
deliberately resorted to the use of superior strength, by employing their
superiority in number and in the bolos they used as weapons against the unarmed
According to the Appellee, there being abuse of superior strength, there must be treachery as the former
circumstance is absorbed in the latter.35 cralawred
The Court sustains the argument of the appellants that no treachery
attended the killing of Pagapulan.
Contrary to the asseverations of the Appellee, we must distinguish the
existence of the qualifying circumstance of treachery from abuse of superior
Although treachery absorbs
abuse of superior strength when both are attendant to the crime committed, the
presence of one of these circumstances does not necessarily automatically
result in the presence of the other.
The essence of treachery is the sudden and unexpected attack by
aggressors on an unsuspecting victim, depriving the latter of any real chance
to defend himself, thereby insuring its commission without risk to the
aggressors.36 In the case
at bar, the victim Pagapulan had sufficient warning of the appellants
nefarious intentions against him.
before they reached Cristetas house, they had already been bellowing their
threats to kill him.
Perhaps out of
concern for his daughter and grandchildren, Pagapulan chose to stay and hide,
instead of fleeing.
Later, when the
aggressors were threatening to climb the stairs into the house to ferret him
out, it was also his choice to face them unarmed. Whether or not he removed his
white shirt to prepare himself to fight the appellants is no longer of any
significance at this point, as what is important is that he had sufficient
warning of the threat to his life.
if the first blow was landed from behind him by appellant Jenelito Ibaez,
Pagapulan was fully cognizant that he and the others were encircling him to attack.
There was no treachery involved.
There was, however, abuse of superior strength through
superiority in the number of the aggressors and in the weapons they used
against the victim.
Abuse of superior
strength is present whenever there is a notorious inequality of forces between
the victim and the aggressors, assuming a situation of superiority of strength
notoriously advantageous for the aggressor selected or taken advantage of by
him in the commission of the crime.37 It must be shown by clear and convincing evidence that this qualifying circumstance
was consciously sought by the assailants.38 Four men to one, the appellants outnumbered the victim.
All armed with bolos, they ganged up on the
actions clearly show that they consciously sought to overwhelm the victim by
their superiority in number.
illuminated in the testimony of Cristeta Garceniego, the lone eyewitness:chanroblesvirtua1awlibrary
Q. You said that your
father went out and faced the four in (sic) a distance of one meter and
asked why and he was immediately hacked, who first hacked?chanroblesvirtualawlibrary
A. Jen Ibaez Sir and
followed by Tabuno Ibaez.
Q. How about the two
others, what did they do?chanroblesvirtualawlibrary
A. They helped one another
in hacking my father.
Q. The first time your
father was hacked, where was your father hit?chanroblesvirtualawlibrary
A. At his back.
Q. When your father went
out and faced the four, how was he hacked from the back?chanroblesvirtualawlibrary
A. He was hacked at the
back because the four encircled my father and Jenelito Ibaez situated himself
behind my father who hacked my father first.
Q. You said after Jenelito
Ibaez hacked your father at the back Tabuno Ibaez likewise hacked your father
and the four hacked-helped one another in hacking your father, what instrument
did they use in hacking your father?chanroblesvirtualawlibrary
A. Bolo, Sir.
Q. How many of the four
A. Four of them have bolos.
Q. When the four helped one
another in hacking your father when they were able to encircle him, what
happened to your father?chanroblesvirtualawlibrary
A. He fell to the ground,
Q. When your father fell to
the ground, what did the four do?chanroblesvirtualawlibrary
A. They still kept on
hacking him.39 cralawred
Anent the second error assigned to the decision of the trial
court, appellants claim that the lower court erred in convicting appellant
Danilo Ibaez notwithstanding that neither his identity nor his participation
in the killing of Pagapulan was established beyond reasonable doubt by the
uncorroborated and biased testimony of Cristeta, the victims daughter.
Appellant Danilo Ibaez avers he did not
kill Pagapulan, as on that night, he was home with his brothers and cousin,
resting and listening to the radio, after making sawali shingles all day.40 He claims that his conviction was a mistake, as the sole basis for such was
Cristetas testimony that he was one of the assailants who killed her
As a daughter of the victim,
her testimony could not be as unbiased as a disinterested witness, and she
could only be expected to strengthen, and not weaken the evidence against the
Moreover, her testimony
should be suspect as it had already been shown to be flawed with regard to the
hackwounds sustained by the victim at his back. She testified on these wounds while in the witness stand, but
never stated them in the sworn affidavit she executed 3 days after the killing
before the policeman Casiple. The photographs41 presented by the prosecution as proof of the victims injuries never showed any
part of Pagapulans back sustaining hack wounds. Finally, appellant avers it would have been very difficult for
Cristeta to identify the appellant as she depended only on the illumination of
a setting half moon, and Pagapulans attackers had their backs to her.42 cralawred
We are unconvinced by appellants arguments.
>Alibi is one of the weakest, if not the weakest, of
defenses in criminal prosecution because it is easy to fabricate and difficult
to disprove. The appellants' barefaced denial of the crime charged cannot
prevail over the straightforward, positive and spontaneous testimony43 >of Cristeta>.
Cristetas testimony is worthy of full
When she executed the sworn
affidavit before Casiple, she unequivocally stated how appellant Danilo Ibaez,
also known as Tabuno Ibaez, had participated in the crime:chanroblesvirtua1awlibrary
-05. Noong petsa 10 ng
Disyembre 1991 humigit kumulang alas 7:00 ng gabi sila Jane (sic) Ibaez, Alias
Tabuno Ibaez, Juvy Ibaez at Alias Nene Calvo ay pumunta sa bahay at
pagkatapos ay hinagis nila ang aming bahay ng kaputol na kahoy at sumigaw na
pababain ang aking tatay na si Belardo Pagapulan dahil papatayin raw nilasabi
ni Alias Tabuno Ibaez na ilawan mo para makita namin ang iyong tatay at
sumigaw muli si Alias Tabuno Ibaez na Nong akyatin na natin at doon na natin
tadtarin sa itaas ng bahay nilaat tinaga nila agadat pinagtataga pa nila ng
At no time during the course of the trial did Cristetas
testimony regarding the complicity of appellant Danilo Ibaez ever change.
From the onset, Cristeta had testified that
appellant Danilo Ibaez was one of the four men who threw objects at her house and
demanded for her father to go down.45 When she went out of their house, she saw the men making the commotion, and
clearly identified appellant Danilo Ibaez among them.46 Aided by the light of the moon and standing barely 2 meters away, she
identified him and recognized his voice easily, as he was familiar to her.
She knew him and the other three aggressors
as neighbors who frequently came and ate at her house.47 She unequivocally testified that appellant Danilo Ibaez was the second man to
hack her father after appellant Jenelito.48 An eyewitness account, coupled with the fact of the victims death, are
sufficient proof of the guilt of the appellant beyond cavil of doubt, for the
crime of murder.49 cralawred
Despite the appellants efforts to the contrary, Cristetas
testimony remains unimpinged and deserving of full faith and credit, even with
regard to the existence of back hackwounds on the victim. She had testified
that appellant Jenelito Ibaez inflicted the first hackwound upon her fathers
back.50 Her testimony had been fully corroborated by the police investigator Casiple, and he satisfactorily explained the inadvertence to take pictures of these back
Q. These four pictures that
you identified, the front part of the body is shown in the pictures.
Now, since your purpose in having the
pictures taken was to capture the image and present the pictures of the body of
the deceased with the wound, and since these pictures are all frontal pictures,
may I conclude that there was no wound at the back of the deceased?chanroblesvirtualawlibrary
A. There were multiple
wounds at the back but the photographer did not take them anymore.
Q. Mr. Witness, the
photographer who was under your direction and control, under your instruction,
failed to take pictures of the back of the deceased?chanroblesvirtualawlibrary
A. That was my instruction,
but some other wounds were not taken.
forgot to instruct the photographer to take pictures of all wounds of the
Q. Mr. Witness, so you are
telling us that the failure to present pictures of the wounds at the back of
the deceased was because you forgot to instruct the photographer to do that?chanroblesvirtualawlibrary
A. Yes, sir.51 cralawred
It is of no moment that in her sworn affidavit,52 she omitted to mention the hackwounds which her father sustained at his
Ex parte affidavits, which are
often incomplete and inaccurate, need not prevail over credible statements of a
witness on the stand, particularly when the defense had the full opportunity to
witness,53 such as in the case at bar.
even if she was a daughter of the victim, it does not follow that her testimony
The trial court, having had
the opportunity to observe the mien of the all the witnesses presented by the
prosecution and the defense, chose to believe Cristetas testimony over that of
the appellants. The unbending jurisprudence is that findings of trial courts
on the matter of credibility of the witnesses are entitled to the highest
degree of respect and will not be disturbed on appeal.
The private complainants relationship with
the victim does not disqualify her from testifying in the criminal case
involving her relative or automatically sully her testimony with the stain of
bias.54 It would be unnatural for an aggrieved relative to falsely accuse someone else
other than the actual culprit himself. Nothing was shown to indicate in any way that the witness was
impelled by improper motive in testifying against appellant.55 In fact, appellant Jenelito Ibaez testified that they had a good relationship
with Cristeta.56 This underscores her credibility as a witness.
Appellants claim57 that Cristeta cannot identify her fathers attackers as they had their backs to
This is specious and
As correctly stated by the
plaintiff-Appellee, she never testified that for the entirety of the attack,
the four aggressors had their backs to her.
During the cross-examination by counsel for the defense, she only stated
that one or two of them encircled her father and had their backs to her.58 At this stage, she already knew the identities of the four malefactors, as she
had recognized and talked to them, even before they had seen or attacked her
Finally, appellants aver that appellant Danilo Ibaez
participation in the killing of the deceased was not established beyond
The Court disagrees.
As the lower court correctly held:chanroblesvirtua1awlibrary
While it does not appear from the evidence of the prosecution what
particular wounds were inflicted by accused Jenelito and Danilo each of them
shall be responsible for the wounds inflicted by the other accused because of
the existence of conspiracy between the accused. It is well settled that when a conspiracy is established, the act
of one becomes the act of all.
In the case at bar, the conspiracy among the accused to kill the
victim was clearly proven.
acts of both accused showed their unity of mind to kill the victim.
As shown by the evidence for the prosecution
which this court gives credence, accused Jenelito and Danilo with two other
companions armed with bolos went to the house of Belardo Pagapulan that
particular evening and helped one another in hacking Belardo to death.
Thus, from the foregoing evidence, it can be
inferred that both accused Jenelito Ibaez and Danilo Ibaez have a unity of
purpose, intent and sentiment in the commission of the crime against the victim
Belardo Pagapulan.60 cralawred
Conspiracy may be shown through circumstantial evidence; deduced
from the mode and manner in which the offense was perpetrated; or inferred from
the acts of the accused pointing to a joint purpose and design, a concerted
action, and a community of interest.61 >In this
case, the prosecution adduced sufficient evidence to prove that indeed the
appellants killed Pagapulan>.
>It does not
matter who of the two appellants actually killed him>. As
correctly held by the trial court, the appellants conspired to kill Pagapulan>. The act of
one is the act of both.62 >
All these points inescapably converge at the nexus that appellant
Danilo Ibaez was at the crime scene and was a direct participant in killing
Ibanez defenses of denial and alibi did not bear up against the evidence
presented by the prosecution to prove his contumacy.
While the Court sustains the appellants argument that there was
no treachery in the killing of Bernardo Pagapulan, the Court must deny
appellants second prayer that the killing be adjudged as simple and plain
Since the aggravating
circumstance of abuse of superior strength was properly alleged in the Information
against appellants, the dearth left by the absence of treachery has been
filled, thus qualifying the crime to murder.
Article 248(1) of the RPC, as amended, penalizes a person who commits
the crime of murder attended by the qualifying circumstance of taking advantage
of superior strength, with reclusion perpetua to death. There being no generic
aggravating circumstance attendant, the lesser penalty of reclusion perpetua
should be imposed.63 We therefore maintain the penalty imposed by the trial court on
We now review the award of damages.
The award of
P50,000. 00 as civil indemnity ex delicto is
No other proof is needed for
such other than the death of the victim.64 cralawred
We cannot, however, sustain the lower courts decision to award
actual and compensatory damages of
P10,000. 00. For actual damages to be awarded, the amount of loss must be
proven with a reasonable degree of certainty, based upon competent proof and
the best evidence obtainable to the injured party.65 The prosecution never presented any receipt to substantiate Cristeta
Garceniegos claim as to the amount she and her family spent for their fathers
However, we are
cognizant of the fact that expenses were indeed incurred by the victims
Thus, in lieu of actual
damages, the Court orders appellants to pay the sum of P25,000. 00 as
may be awarded when the Court finds that some pecuniary loss has been suffered,
but the actual amount cannot be established with certainty.66 cralawred
Cristeta Garceniego had testified that she and her brothers had
suffered emotionally because of the brutal death of their father.
Thus, the award of
P50,000. 00 as
moral damages is proper.
The purpose of
the award of moral damages is not to enrich the heirs of the victim but to
compensate them for their wounded feelings.
A violent death brings about emotional pain and anguish to the victims
It is inherently human to
suffer sorrow, torment, pain and anger when a loved one becomes the victim of a
violent or brutal killing.
reason, moral damages must be awarded even in the absence of any proof of the
heirs emotional suffering.67 cralawred
Under Article 2206 of the Civil Code, the heirs of the victim are
entitled to indemnity for loss of earning capacity. Indemnification for loss of earning capacity partakes of the
nature of actual damages which must be duly proven68 by competent proof and the best obtainable evidence thereof.69 By way of exception, testimonial evidence may suffice if the victim was either
(1) self-employed, earning less than the minimum wage under current labor laws, and judicial notice may be taken of the fact that in the victims line of work,
no documentary evidence is available; or (2) employed as a daily-wage worker
earning less than the minimum wage under current labor laws.70 Cristeta testified that her father was self-employed and earned his living by
harvesting corn twice a year for which he had a gross income of
He also sold around 100
fighting cocks a year, for which he received a minimum of P500. 00 per
cock net of expenses or a total income of P50,000. 00.71 These statements remain unchallenged and uncontroverted by the Appellants.
Thus, the Court affirms that Belardo
Pagapulans gross annual income is P60,000. 00. In People v. Napalit ,72 we set the formula for computation of loss of earning capacity, thus:chanroblesvirtua1awlibrary
Net earning capacity 2/3 x (80 age of the x
a reasonable portion victim at the of
the annual net time of his income which death) would have been received
by the heirs for support
In the absence of proof of living expenses, the net income is
deemed to be 50% of the gross income.73 As Belardo Pagapulan was 48 years old at the time of his death,74 the correct amount to compensate for the loss of his earning capacity is
(2/3 x [80-48] x [ P60,000. 00- P30,000. 00]).
IN VIEW WHEREOF, the judgment of conviction of the
Regional Trial Court of Palawan and Puerto Princesa City in Criminal Case No.
10985 is hereby AFFIRMED withMODIFICATION. Appellants JENELITO IBAEZ and DANILO IBAEZ are found guilty
beyond reasonable doubt of the crime of murder under Article 248 of the Revised
Penal Code, and are sentenced to suffer the penalty of reclusion perpetua.
are ordered to pay to the heirs of the victim Belardo Pagapulan, the amounts of
P50,000. 00 as civil indemnity ex
P25,000. 00 as temperate damages; P50,000. 00 as moral
damages; P25,000. 00 as exemplary damages; and P640,000. 00 for
loss of earning capacity. Costs against the Appellants.
Quisumbing, Austria-Martinez, Callejo, Sr., and TINGA, JJ., concur.
Jenelito, Jovy and Danilo Ibaez are brothers.
Fernando dela Paz is their first cousin.
Original Records, pp. 1-2.
TSN, 16 April 1996, p. 8.
A, B, C, and D.
April 1996, p. 18.
April 1996, p. 22.
September 1996, p. 84.
A, B, C, and D.
TSN, 9 September 1996, pp. 4-5.
TSN, 1 July 1998, pp. 5-7.
TSN, 1 July
1998, p. 23.
TSN, 18 March 1999, pp. 4-8.
Daquipil, 240 SCRA 314 (1995).
Casingal, 243 SCRA 37 (1995).
TSN, 16 April 1996, pp. 13-14.
TSN, 18 March 1999, p. 5.
TSN, 16 April 1996, pp. 60-66.
Sinumpaang Salaysay ni Cristeta Garciniego, marked as Exhibit E, Original
Records, p. 69.
TSN, 16 April 1996, p. 9.
TSN, 16 April 1996, p. 13.
TSN, 9 September 1996, pp. 10-11.
Original Records, p. 69.
TSN, 2 July 1998, p. 2.
TSN, 16 April 1996, p. 32.
, p. 23.
Gregorio, et al.,
G. R. No. 153781.
Revised Penal Code, Article 63, paragraph 3.
Panabang, G. R. Nos. 1137514-15, 16 January 2002; People v. De Vera
312 SCRA 640,
TSN, 16 April 1996, pp. 19-21.
G. R. Nos. 142919 and 143876, 4 February 2003.
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