SECOND DIVISION
[G.R. No. 242542. January 14, 2019.]
CIRENE BUEZON, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 January 2019which reads as follows:
"G.R. No. 242542 (Cirene Buezon v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the September 27, 2018 Decision 2 of the Court of Appeals (CA) in CA-G.R. CR No. 40729 finding petitioner Cirene Buezon (petitioner) GUILTY beyond reasonable doubt of the crime of Homicide, defined and penalized under Article 249 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of ten (10) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, and to pay the heirs of private respondent Wilver Daganta (Daganta) the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; and (c) P50,000.00 as temperate damages. Moreover, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
As correctly ruled by the CA, the prosecution was able to prove all the elements 3 of the crime of Homicide based on the positive testimonies of the three (3) eyewitnesses. Records show that: (a) Daganta died due to a stabbing incident; (b) Daganta and the eyewitnesses positively identified petitioner as the perpetrator of the crime; (c) petitioner killed Daganta without any justifying circumstance; and (d) no circumstance was established that would qualify the killing to murder, parricide, or infanticide. 4 On the other hand, petitioner's defense of denial was weak as opposed to the positive declarations of the eyewitnesses. 5
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-28.
2.Id. at 34-49. Penned by Associate Justice Stephen C. Cruz with Associate Justices Zenaida T. Galapate-Laguilles and Rafael M. Santos, concurring.
3. It is settled that the elements of Homicide are the following: "(a) a person was killed; (b) the accused killed him without any justifying circumstance; (c) the accused had the intention to kill, which is presumed; and (d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide." (See Wacoy v. People, 761 Phil. 570, 578 [2015]); see also Villanueva v. Caparas, 702 Phil. 609, 616 (2013). See also rollo, p. 41.
4. See rollo, p. 41.
5. See id. at 47.