Philippine Supreme Court Resolutions

G.R. No. 194583 (People of the Philippines v. Domingo Laurente y  Amaro). - We resolve the appeal, filed by accused Domingo Laurente y Amaro, from the April 29, 2010 decision^[1] of the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 03403.

The RTC Ruling

In its May 28, 2008 judgment, the Regional Trial Court (RTC) of Quezon City, Branch 100, convicted the appellant of murder^[2] for the killing of Bartolome Galleno y Sibayan on November 10, 2004. It rejected the appellant's claim of self-defense, noting the absence of unlawful aggression on the victim's part and the location of the stab wound at the victim's back. The RTC gave more credence to the testimony of prosecution eyewitness Anna de Guia-Galleno, the victim's wife, who had no ill-motive to falsely testify against the appellant. It appreciated the qualifying circumstance of treachery because the victim was stabbed from behind in a sudden and unexpected manner. It also appreciated the aggravating circumstance of evident premeditation since the appellant threatened to kill the victim during an earlier altercation; his resolve to carry out the threat was clearly shown by his overt act of returning later to inflict the fatal stab wound on the victim; between these two occurrences, a significant period of time elapsed within which the appellant could have decided on whether to make good on his threat or to simply let the matter rest. The RTC disregarded the allegation of abuse of superior strength because this circumstance is absorbed in treachery.

The RTC imposed the sentence of reclusion perpetua and ordered the accused-appellant to pay the heirs of the victim P50,000.00 as civil indemnity.^[3]

The CA Ruling

On intermediate appellate review, the CA affirmed the findings of the RTC, but modified the award of damages. It increased the civil indemnity to P75,000.00, and further awarded P75,000.00 as moral damages and P30,000.00 as exemplary damages. It also awarded P15,400.00 as actual damages, based on official receipts of expenses for the funeral service of the victim.^[4]

Our Ruling

On final review, we resolve to dismiss the appeal.

We find no reason to reverse the findings of the RTC, as affirmed by the CA. The appellant's claim of self-defense is uncorroborated by any separate competent evidence. Besides, the location and the severity of the victim's stab wound indicate the intention to kill, not merely the intent to wound or to defend. Treachery qualified the killing to murder as the victim was unexpectedly stabbed from behind and was in no position to defend himself against the attack.^[5] Both the RTC and the CA correctly appreciated the aggravating circumstance of evident premeditation since the prosecution proved that the appellant previously threatened to kill the victim during an earlier altercation, and that he apparently manifestly clung to his determination when he returned several hours later. The time lag evidently gave the accused-appellant sufficient time to reflect on the consequences of his actions and to desist therefrom if he had wished to.^[6]cralaw

The penalty for murder under Article 248 of the Revised Penal Code is reclusion perpetua to death. Since the aggravating circumstance of evident premeditation was alleged and proven, the imposable penalty upon the appellant is death.^[7] With the passage of Republic Act No. 9346^[8]  prohibiting the imposition of the death penalty, the penalty of death is properly reduced to reclusion perpetua without eligibility for parole.

In line with recent jurisprudence,^[9]  we affirm the award of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000,00 as exemplary damages in favor of the heirs of the victim. However, since the receipted expenses of the victim's family are less than P25,000.00, temperate damages in that amount should be awarded in lieu of actual damages.^[10]cralaw

WHEREFORE, the April 29, 2010 decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 03403 is hereby AFFIRMED with MODIFICATION. Appellant Domingo Laurente y Amaro is found guilty beyond reasonable doubt of the crime of Murder and sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. He is ordered to pay the heirs of the victim, Bartolome Galleno y Sibayan, P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages, and P25,000.00 as temperate damages.

SO ORDERED.

Very truly yours,

MA. LUISA L. LAUREA
Division Clerk of Court

By:

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

Endnotes:

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^[1] Penned by Associate Justice Sesinando E. Villon, and concurred in by Associate Justices Rebecca de Guia-Salvador and Amy C. Lazaro-Javier; rollo, pp. 2-13.

^[2] See REVISED-PENAL CODE, Article 248.

^[3] Docketed as Criminal Case No. Q-04-131140; CA rollo, pp. 12-22.

^[4] Supra note 1.

^[5] Bug-atan v. People, G.R. No. 175195, September 15, 2010, 630 SCRA 537, 555; People v. Dela Cruz, G.R. No. 174371, December 11, 2008, 573 SCRA 708, 722.

^[6] People of the Philippines v. Alberto Anticamara y Cabillo and Fernando Calaguas Fernandez a.k.a. Lando Calaguas, G.R. No. 178771, June 8, 2011.

^[7] REVISED PENAL CODE, Article 63, paragraph I.

^[8] The Anti-Death Penalty Law which took effect on June 30, 2006.

^[9] People of the Philippines v. Alberto Anticamara y Cabillo and Fernando Calaguas Fernandez a.k.a. Lando Calaguas, supra note 6.

^[10] People of the Philippines v. Charlie Aba�o y Ca�ares, G.R. No. 188323, February 21, 2011; People of the Philippines v. Alvin del Rosario, G.R. No. 189580, February 9, 2011.

^* Reyes, J., on official leave; Mendoza, J., designated as Additional Member per Special Order No. 1066 dated August 23, 2011.