G.R. No.
185726 , October 16, 2009
People of the Philippines, Plaintiff-Appellee
Vs. Darwin Bernabe y Garcia, Accused-Appellant
Facts:
On May 26, 2005, accussed-appellant killed with treacheary and evident
premeditation one Jan Michael Olivio y Francia with iron pipe,causing the latter to fall
uncincious, in which state said accused strangled the victim with a G.I wire, directly
causing the death of victim.
Issues:
1. Inconsistencies in the testimonies of eye witnesses.
2. Defense of alibi.
3. Physically incapable of doing the criminal act because of his two fingers were
already broken.
4. Whether treachery and cruelty can be used to qualify the killing of the victim to
murder.
Rulling:
1. The discrepancies in the testimonies are not sufficient to negate the guilt of
accused-appellant. As long as the mass of testimony fibes on material on
material points, the slight clashing statements neither dilute the witness
credibility nor the veracity of their testimony, for indeed, such inconsistencies
are but natural and even enhance credibility as these discrepancies indicate that
the responses are honest and unrehearsed.
2. Accused-appellant’s alibi does not meet the requirement of physical
impossibility as he was within the immediate vicinity of the scene of the crime. It
is jurisprudentially-embedded that were the distance between the scene of the
crime and the alleged whereabouts of the accused is two to five kilometers, the
same are not considered to be too far as to preclude the possibility of the
presence of the accused at the locus criminis. Alibi and denial if not the
substantiated by clear and convincing evidence, are negative and self-serving
evidence underserving of weight in law. They are considered with suspicion and
always received with caution, not only because they are inherently weak and
unreliable but also because they are easily fabricated and concocted.
3. Evidence on record reveals that the disability relied upon by accused-appellant
did not render him incapable of perpetrating the crime. The testimony of defense
witness the surgeon who operated on accused-appellant’s hand on June 15,
2013, belied accused appellants claim.
4. The lower courts correctly appreciated treachery, which qualified the killing of
Jan Michael Olivo to murder. We also appreciate the presence of the
aggravating circumstances of cruelty as appellant deliberately and inhumanly
augmented the suffering of the victim. The test in appreciating cruelty is whether
the accused deliberately and sadistically augmented the wrong by causing
another wrong not necessary for its commission, or inhumanly increased the
victim’s suffering or outraged or scoffed at his person or corpse.
G.R No. L 48740 August 5, 1942
People of the Philippines Plaintiff-Appellee, Vs. Faustino
Tolentino y De Dios, Appellant
Facts:
Appellant pleaded guilty to the charge of theft of seven shirts valued at pesos 14
belonging to one Cosme Famorca. Being recidivist, he was sentenced in the court of
first instance to suffer two months and one day of arresto mayor and to pay civil
indemnity. Appellant was further sentenced to suffer an additional penalty of six years
and one day of prision mayor for habitual delinquency.
Issue:
The only question raised by the appellant is the correctness of the additional
penalty.
Rulling:
A habitual delinquent is necessarily a recidivist. For the purpose of fixing the
additional penalty, recidivism cannot be taken as an aggravating circumstance for the
reason it is inherent in habitual delinquency.
I results that this is appellant’s 5th conviction, and accordingly, he must be
sentenced under paragraph 5(c) of article 62 to the additional penalty of prision mator in
its maximum period to reclusion temporal in its minimum period. This penalty must be
imposed in its maximum degree because of the mitigating circumstance of plea of guilty.
G.R No. 191197 June 22, 2015
People of the Philippines, plaintiff-Appellee
Vs. Rodrigo Lapore, accused-appellant
`
Facts:
That sometime in the month of October, 1998, at Barangay Berong Municipality
of Quezon, Province of Palawan, Phil, the said accused with force, threat, violence and
intimidation and with lewd designed, did and then and there willfully, unlawfully and
feloniously have carnal knowledge with are AAA, a girl of 13 years of age, against her
will and consent, to her damage and prejudice.
Issue:
What is the effect of failure to allege the qualifying circumstances in the
information.
Rulling:
Sec.8 and 9 of rule 110 of the Rules on Criminal procedure provide that for
qualifying and aggravating circumstances to be appreciated, it must be alleged in the
complaint or information. This is in line with the constitutional right of an accused to be
informed of the nature and cause of accusation against him. Even if the prosecution has
duly proven the presence of the circumstances, the court cannot appreciate the same if
they were not alleged in the information.
