Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2012 > March 2012 Resolutions > [G.R. No. 200210 : March 05, 2012] BENJAMIN DE VILLA Y CANTERO v. PEOPLE OF THE PHILIPPINES. :




SECOND DIVISION

[G.R. No. 200210 : March 05, 2012]

BENJAMIN DE VILLA Y CANTERO v. PEOPLE OF THE PHILIPPINES.

Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution dated 5 March 2012 which reads as follows:cralaw

G.R. No. 200210 - (Benjamin De Villa y Cantero v. People of the Philippines). - We resolve the appeal filed by the accused Benjamin De Villa y Cantero (appellant) from the May 29, 2011 decision of the Court of Appeals (CA) in CA-G.R. CR No. 29396.[1] The CA found the appellant, guilty of the crime of homicide, mitigated by the circumstance of voluntary surrender.

In two separate informations, the appellant was charged with the crimes of illegal possession of firearms[2] and homicide[3]  for the death of Benito L. Lumbera, who died of a gunshot wound on August 12, 1990 at around 9:00 o'clock in the evening at No. 69 M.H. Del Pilar Street, Batangas City.

In a Joint Decision dated September 14, 2006, the Regional Trial Court (RTC), Branch 8 of Batangas City found the appellant guilty of the crime of homicide aggravated by the use of an unlicensed firearm and mitigated by the circumstance of voluntary surrender.

On intermediate appellate review, the CA affirmed the appellant's guilt but did not consider the special aggravating circumstance of use of an unlicensed firearm because this was not alleged in the information for homicide.[4] Thus, the CA found the appellant guilty of simple homicide and, considering the mitigating circumstance of voluntary surrender, imposed upon him an indeterminate sentence of six (6) years and eight (8) months of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum.

On the award of damages, the CA modified the RTC by increasing the amount of civil indemnity from P50,000.00 to P75,000.000 and decreasing the amount of moral damages from P100,000.00 to P75,000.00.

Our Ruling 

We affirm the appellant's guilt but modify the damages awarded. 

After a careful review of the records, we see no reason to disturb the finding of the RTC, as affirmed by the CA, on the appellant's guilt in the killing of the victim, Benito L. Lumbera. The appellant himself admitted to the crime but claimed self-defense as justification for his act.

Similar with the RTC and the CA, we reject the appellant's claim of self-defense. To escape liability, the person claiming self-defense must show by sufficient, satisfactory and. convincing evidence that: (1) the victim committed unlawful aggression amounting to actual or imminent threat to the life and limb of the person claiming self-defense; (2) there was reasonable necessity in the means employed to prevent or repel the unlawful aggression; and (3) there was lack of sufficient provocation on the part of the person claiming self-defense or at least any provocation executed by the person claiming self-defense was not the proximate and immediate cause of the victim's aggression.[5]  In this case, unlawful aggression, which is the condition sine qua non for the justifying circumstance of self-defense, is not present. The appellant's uncorroborated self-defense theory failed against the positive, categorical and straightforward testimony of an eyewitness identifying him as the aggressor.

On the civil liabilities, we modify the amounts of civil indemnity and moral damages awarded by the CA. Under prevailing jurisprudence, a victim of a homicide is awarded the amount of P50,000.00 as civil indemnity][6] and the amount of P50,000.00 as moral damages.[7]cralaw

WHEREFORE, the Decision dated July 29, 2011 of the Court of Appeals in CA-G.R. CR No. 29396 finding the appellant guilty of the crime of homicide is AFFIRMED with MODIFICATION. We reduce the amount of civil indemnity and order the appellant to pay the heirs of Benito L. Lumbera the amount of P50,000.00 as civil indemnity and P50,000.00 as moral damages.

SO ORDERED. 

Very truly yours, 

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:


[1] Penned by Associate Justice Rodil V. Zalameda, and concurred in by Associate Justices Amelita G Tolentino and Normandie B. Pizarro.

[2] Criminal Case No. 5275. 

[3] Criminal Case No. 4814 

[4] The information read:

"That on or about August 12, 1990 at around 9:00 o'clock in the evening at No. 69 M.H. Del Pilar Street, Batangas City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a handgun on unknown caliber, with deliberate intent to kill but without any justifiable cause, did then and there, willfully, unlawfully and feloniously attack, assault and shoot with said handgun one Benito Lumbera y Leynes, thereby hitting him on his upper left chest, which caused his death. 

CONTRARY TO LAW."

[5] People v. Tagana, G.R. No. 133027, March 4, 2004, 424 SCRA 620, 634-635; See also Toledo v. People, G.R. No. 158057, September 24, 2004, 439 SCRA 94, 109; People v. Vicente, 452 Phil. 986, 998(2003).

[6] People v. Ducabo, G.R. No. 175594, September 28, 2007, 534 SCRA 458, 476.

[7] Garcia v. People, G.R. No. 171951, August 28, 2009, 597 SCRA 392, 409.




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