SECOND DIVISION
[G.R. No. 243623. July 29, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. DOMINGO LAZARTE y COBATHA, accussed-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated29 July 2020which reads as follows:
"G.R. No. 243623 (People of the Philippines v. Domingo Lazarte y Cobatha). — Considering the allegations, the issues and arguments presented in the Accused-Appellant's and the Plaintiff-Appellee's Briefs, which the parties adopted instead of filing their respective Supplemental Briefs, the Court resolves to DISMISS the appeal for failure of Domingo Lazarte y Cobatha (accused-appellant) to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision 1 dated May 12, 2017, as to warrant the exercise of the Court's appellate jurisdiction.
The RTC and the CA ruled that the prosecution was able to discharge the burden of proving beyond reasonable doubt all the elements of the crime of murder. For the charge of murder to prosper, the prosecution must prove the existence of the following elements: (1) that a person was killed; (2) that the accused killed him; (3) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and (4) the killing is not parricide or infanticide. 2
In the instant case, the prosecution was able to establish all the elements of the crime of murder: 1) the victim was killed on June 3, 2013 at around 11:30 p.m.; 2) Jennifer positively identified the accused-appellant as the perpetrator; 3) the killing was attended by treachery; and 4) the killing is not parricide or infanticide.
Both the RTC and the CA correctly appreciated the qualifying circumstance of treachery. The victim was completely unaware of any threat to his life. The victim was asleep on a folding chair when accused-appellant stabbed him. The autopsy report revealed that the attack was frontal as the stab wounds were located on the victim's left shoulder and chest causing his death. The victim also had no defense wounds that would show if he was awake at the time of the attack. The victim was completely defenseless. Evidently, the killing was executed to ensure that the victim has no opportunity to respond or defend himself.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated May 12, 2017 of the Court of Appeals, Manila in CA-G.R. CR-HC No. 07595, and AFFIRMS the Decision finding accused-appellant guilty beyond reasonable doubt of the crime of Murder under Article 248 of the Revised Penal Code.
However, in light of prevailing jurisprudence in People v. Jugueta, 3 the Court deems it proper to modify the award in that accused-appellant is hereby ORDERED to pay the heirs of Alex David y Morena P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P50,000.00 as temperate damages. All monetary awards shall earn interest rate of 6% per annum from the date of finality of the Resolution until fully paid.
SO ORDERED." (Hernando, J. no part due to prior action in the Court of Appeals; Lazaro-Javier, J. designated additional member per Raffle dated 27 November 2019.)
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-9; penned by Justice Rosmari D. Carandang (now a member of the Court) with Justice Ramon Paul L. Hernando (now a member of the Court) and Associate Justice Ma. Luisa C. Quijano-Padilla, concurring.
2.People v. Racal, G.R. No. 224886, September 4, 2017.
3. 783 Phil. 806, 852 (2016).