Philippine Supreme Court Resolutions > Year 2008 > October 2008 Resolutions > [G.R. No. 181898 : October 22, 2008] THE PEOPLE OF THE PHILIPPINES V. EMILIO CATSO:

Quoted hereunder, for your information, is a resolution of this Court dated 22 October 2008:

 (The People of the Philippines v. Emilio Catso).- The Regional Trial Court (RTC) of the Dumaguete City convicted appellant Emilio Catso of murder^[1]   for the killing of Danny Esparas with the qualifying circumstance of treachery.

The prosecution witnesses positively identified appellant as the one who stabbed the victim on the chest with a hunting knife. The victim was merely helping his brother-in-law, Judy Amon (Amon), stand after the latter had been hit on the head with a chair by appellant's companion and it was at that instant that appellant stabbed the victim.

On the other hand, all that appellant offered was his bare denial that he had participated in the commission of the crime. He claimed that he had been at home sleeping when the crime occurred. Through its witnesses, the defense tried to show that it was Amon who stabbed the victim at the barangay dance hall and that appellant was not there when the crime occurred.

The Court of Appeals affirmed the RTC's decision with modification in that it found appellant guilty of homicide only since the qualifying circumstance of treachery was not proven beyond reasonable doubt and accordingly sentenced him to an indeterminate prison term for homicide.^[2]

The Court adopts the findings of fact and conclusions of law of the Court of Appeals in its 13 July 2006 Decision, with modifications as to the damages awarded by the RTC. In line with the current jurisprudence, the Court holds that the award of: civil indemnity should be decreased to P50,000.00.^[3] Moreover, the Court awards P50,000.00 as moral damages^[4], and P25,000.00 as temperate damages in view of the failure to prove actual damages.^[5]

WHEREFORE, the Court AFFIRMS the 13 July 2006 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 00004 finding Emilio Catso guilty of homicide and sentencing him to an indeterminate prison term of eight (8) years two (2) months and ten (10) days of prision mayor medium as minimum to fourteen (14) years ten (10) months and twenty (20) days of reclusion temporal medium as maximum with the MODIFICATIONS that appellant is ordered to pay the heirs of Danny Esparas P25,000.00 as temperate damages and P50,000.00 as moral damages, as well as civil indemnity in the reduced amount of P50,000.00. Costs against appellant.

Endnotes:

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^[1] CA rollo, p. 29. The 30 July 2002 Judgment was penned by Judge Rosendo Bandal, Jr.. The dispositive portion reads as follows:

WHEREFORE, premises considered, accused EMILIO CATSO is hereby found guilty beyond reasonable doubt of the crime of MURDER, and the Court hereby imposes upon him the penalty of RECLUSION PERPETUA. Accused Emilio Catso shall also indemnify the heirs of victim Danny Esparas. the sum of SEVENTY THOUSAND PESOS (P70,000.00).

In line with Section 5, Rule 114 of the 1985 Rules on Criminal Procedure. as amended, accused Emilio Catso is hereby ordered to be immediately detained at the New Bilibid Prison at Muntinlupa, Metro Manila.

SO ORDERED.

^[2] Rollo, p. 12. The 13 July 2006 Decision was penned by Associate Justice Marlene Gonzales-Sison, and concurred in by Associate Justices Pampio Abarintos and Priscilla Baltazar-Padilla. The dispositive portion of the decision reads as follows:

WHEREFORE, the Judgment appealed from is AFFIRMED with the MODIFICATION that, instead of convicting accused-appellant of MURDER and sentencing him to reclusion perpetua, the Court declares EMILIO CATSO (guilty) of HOMICIDE and imposes upon him an indeterminate prison term of eight (8) years two (2) months and ten (10) days of prision mayor medium as minimum to fourteen (14) years ten (10) months and twenty (20) days of reclusion temporal medium as maximum.,

SO ORDERED.

^[3] People v. Javier, G.R. No. 142996, II July 2002. 384 SCRA 486, 503; People v. Catbagan, G.R. Nos. 149430-32, 23 February 2004, 423 SCRA 535, 568. See also People v. Callet, 382 SCRA 43: May 9. 2002; People v, Dumalahay, 380 SCRA 37. April 2, 2002; People v. Kinok, 368 SCRA 510, 'November 13,2001.

^[4] See People v. Sayaboc, et. al, G.R. No. 147201, 15 January 2004. 419 SCRA. 659, 616 citing People v. Bajar,G R. No. 143817, 27 October 2003.

^[5] People v. Werba, G.R. No. 144599, June 9, 2004, 431 SCRA 482; citing People v. Vilanueva, G.R. No. 139177, August 11, 2003. 408 SCRA 571.