536 Phil. 1164; 103 OG No. 30, 4691 (July 23, 2007)
CARPIO-MORALES, J.:
External Physical Injuries:Appellant was arrested by police authorities on January 3, 1998[13] and brought for treatment at the Mangatarem District Hospital on the same day. The medical findings on him showed:
(1) Lacerated wound, old, about 4 cm. midfrontal area.
(2) Hematoma, dorsal aspect right hand.
(3) Contusion 2x3 cm., right upper quadrant area, abdomen.
Probable Cause of Death:
INTERNAL HEMORRHAGE secondary to Craniocerebral Injury secondary to Trauma
T/C Ruptured Viscus, abdomen.[12]
-(-) Negative alcoholic breathAn Information was soon filed against appellant reading:
-Stab wound 2 cm., left side face
-Stab wound 1.5 cm. zygomatic area left
-Periorbital hematoma left superimposed with punctured wound .5 cm. left lower eyelid
-Punctured wound left eyebrow
-Contusion hematoma 1x1 cm. occipital area[14]
x x x xDenying having struck the victim, appellant claimed that it was he who was assaulted with a bolo,[16] and that while going after him, the victim accidentally fell down and hit the bedpost in the process, wounding himself on the forehead.[17] Asked how the victim sustained injury on his abdomen, appellant explained that the victim subsequently fell on the floor, hitting his abdomen with the handle of the bolo he was holding.[18]
That on or about January 1, 1998, at about 2:00 o'clock dawn, in barangay Bonlalacao, municipality of Mangatarem, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, willfully, unlawfully and feloneously (sic), and with evident premiditation (sic), that is, having conceived and deliberated to kill his own father with whom he was living with, and with treachery, attack, assault and hit with the use of stone his father, Crispin Cudal, on the head and other parts of his body, inflicting upon the latter mortal wounds which directly caused his death, to the damage and prejudice of the heirs of the said victim Crispin Cudal.
CONTRARY to Article 246 of the Revised Penal Code.[15]
x x x x
WHEREFORE, in view of the foregoing considerations, the Court finds the accused Pablo Cudal Guilty beyond reasonable doubt of the crime of Parricide for the killing of his father Crispin Cudal, on the early morning of New Year, January 1, 1998 with the presence of one (1) mitigating circumstance, and accordingly the Court sentences the said accused to reclusion perpetua. He is also ordered to pay the heirs of the accused the sum of P30,000.00 representing funeral expenses, plus indemnity of P50,000.00 without subsidiary imprisonment in case of insolvency; and to pay the costs.Appellant appealed his conviction before this Court, assailing the trial court for "accept[ing] the prosecution's account as gospel truth despite the fact that its witnesses were not actually direct witnesses to the crime charged."[20] The appeal was docketed as G.R. No. 140637.
Being a detention prisoner, the said accused is credited with his detention to its full extent.SO ORDERED.[19]
WHEREFORE, the assailed Decision of Branch 39 of the Regional Trial Court of Lingayen, Pangasinan, dated October 28, 1998, in Criminal Case No. L-5778, convicting the appellant, Pablo Cudal, of the crime of parricide and sentencing him to suffer the penalty of reclusion perpetua is hereby AFFIRMED. The last sentence of the first paragraph of its dispositive portion is however hereby modified to read, as follows: "Accused-appellant Pablo Cudal is also ordered to pay the heirs of the victim, Crispin Cudal, the sum of P30,000.00 representing funeral expenses, plus indemnity of P50,000.00 without subsidiary imprisonment in case of insolvency; and to pay the costs."Hence, the elevation of the case to this Court for final review.
No pronouncement as to costs.[23] (Emphasis in the original)
ART. 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.Prosecution witness Camilo Cudal narrated what he knew of the circumstances surrounding the incident as follows:
Q Do you still recall where you were on the late evening of December 31, 1997 before midnight?Another prosecution witness, Segundino Cudal, declared that when his brother the victim was brought to his house by Camilo, the victim who was "strong," albeit his face was bloodied, told him that he was struck with a stone by appellant.
A I could remember, sir.
Q Where were you?
A I was in the house of my in[-]laws, sir.
Q Will you please tell the name of your in-laws?
A Marissa Dancel, sir.
Q Where is the place of Marissa Dancel located?
A Bulalakao, Mangatarem, sir.
Q Why were you there at the house of your mother-in-law, Marissa Dancel?
A Because we were celebrating the New Year['s] Eve, sir.
Q Now by the way, how far is your house from the house of your mother-in-law where you were celebrating New Year[']s Eve?
A Around 50 meters away, sir.
Q Now, at about 2:00 o'clock in the early mornignof (sic) January 1, 1998, can you tell us where you were?
A Yes, sir, I was in the house of my in-laws.
Q As you were stay (sic) there, can you still recall if there was unusual thing that you observe[d] when you were at the house of your mother-in-law?
A Yes, sir, there was.
Q What was that that you observe[d]?
A I heard something like quarreling on the house of Crispin Cudal, sir.
Q Now, can you tell us why do you say that there is a sounds (sic) like warning in the house of Crispin Cudal?
A Because they were uttering words, sir.
Q Can you tell us if you could recognize that voices as you said they are quarreling?
A Yes, sir.
Q Please tell the Honorable Court whose voice is that?
A Pablo Cudal and Crispin Cudal, sir.
Q Now, what did you [do] if any when you heard this quarreling voices of accused Pablo Cudal?
A Because I went near, sir.
Q How did you go near?
A I walked towards the house of Crispin, (sic) Cudal and I was listening to them, sir.
Q Where did you go when you went near?
A I [e]ntered there (sic) house, sir.
Q Whose house?
A House of Crispin Cudal, sir?
Q How did you [e]nter the house of Crispin Cudal?
A The door was opened, sir.
Q As you [e]ntered the door of the house of Crispin Cudal, what did you see, if any?
A I saw blood oozing from the forehead of Crispin Cudal, sir.
Q Where did you see Crispin Cudal inside the house blooded as you have pointed in the forehead?
A In the place where he sleep (sic), sir.
Q What was his position when you saw him blooded on the forehead?
A He was seating down and he was wiping the blood of his forehead, sir.
Q When you saw wiping his blood on the forehead, what next happened?
A I asked him, "Uncle what happened,['] and he answered, "we quarreled with Pablo Cudal,['] he said.
Q Do you remember having asked, what caused the injury of the forehead?
A Yes, sir, I asked him.
Q What did the victim answer if any when you asked him what caused his injury on the forehead if he answer (sic) you?
A I was hit with the stone by Pablo Cudal.[25] (Emphasis supplied)
FISCAL CHIONG:At the witness stand, defense witness Dr. Orence, declared:
Q Do you know where you were on the early morning of January 1, 1998?
A I was at home, sir.
Q Do you recall if there is unusual incident that came to your knowledge involving your brother Crispin Cudal?
A None yet when I am at home.
Q Do you know, if any one came to your house that morning of January 1, 1998?
A Yes, Crispin Cudal, sir.
Q How was your older brother Crispin Cudal brought to yourhouse (sic) by Camilo Cudal?
A He was loaded in a tricycle, sir.
Q Now, when you saw your brother when he was brought to your house, can you tell us his physical appearance or condition?
A He was strong but his face was bloody, sir. Even his clothes were stained or tainted with blood, sir.
Q Now, when you saw your brother's face bloody as well as his clothes, what did you do, if any as he was already in your house?
A I asked him what happened to him and he told me "I was struck with stone by my son[.]"
Q Did you ask him who is this son of him who struck him with stone?
A Yes, sir his name is Pablo Cudal.[26] (Emphasis and underscoring supplied)
Q Is it also possible Doctor[a] that this contusion was due to the force of a stone struck on the victim? Stone is a hard object?That the complained act of appellant was the proximate cause of the death of the victim is evident from the above-quoted postmortem report on the body of the deceased showing the probable cause of his death as "INTERNAL HEMORRHAGE secondary to Craniocerebral Injury secondary to Trauma" and "T/C Ruptured Viscus, abdomen."
A It could be, sir.
Q Likewise, this hematoma on the dorsal right hand of the victim was possibly caused by the impact of the stone being thrown at the victim when the victim tried to parry it, is that not also possible, Doctora?
A Yes sir, it is possible.[27] (Underscoring supplied)
We now come to another matter, which is the fact that during the incident, the accused was drunk. This was testified to by Camilo Cudal and admitted by the wife of the accused. The accused himself admitted that he had been drinking with his cousins and nephews, but he claims that he did not drink much. Drunkenness is an alternative circumstance. It is aggravating if the accused is a habitual drunkard. It is mitigating if it is otherwise.Absent any showing then that appellant's intoxication was habitual or intentional, it may only be considered as mitigating to correctly call for the imposition of the penalty of reclusion perpetua, in accordance with Article 63, paragraph 2(3) of the Revised Penal Code.[34]
The date of the incident is two (2) hours after midnight which ushered in the new year. Before that, the accused and his relatives were celebrating and they drank San Miguel gin. No evidence was presented to establish that he is a habitual drunkard. It is a legal maxim that when there is doubt, the doubt should be resolved in favor of the accused. This court[,] therefore, believes that this should be taken as a mitigating circumstance, which is favorable to the accused.[33] (Underscoring supplied)