870 Phil. 742
INTING, J.:
That on or about 5:30 o'clock in the afternoon of December 14, 2006 , at Barangay Samak, Mabinay, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, said accused did then and there willfully, unlawfully and feloniously, without any just motive, with treachery, and with intent to kill his brother in law, OLIPIO GOMEZ AMAHIT, assault, attack, and stab said Olipio Gomez Amahit with a "pinuti", thereby inflicting upon him multiple stab wounds on his body, which directly caused the death of said Olipio Gomez Amahit, to the damage and prejudice of his heirs.
Contrary to Article 248 of the Revised Penal Code, with the qualifying circumstance of treachery, and aggravated by relationship under Article 15 of the RPC, the accused being the brother in law of the victim.[6]
WHEREFORE, premises considered, the prosecution having ably proven the guilt of accused RICO DE LA PEÑA for the crime of MURDER beyond reasonable doubt, he is hereby sentenced to RECLUSION PERPETUA with the accessory penalties of the law, and is ordered to pay the heirs of the victim the sum of P20,000.00 as actual damages, and P50,000.00 as death indemnity.
SO PROMULGATED IN OPEN COURT this 28th day of October, 2015 at Bais City, Philippines.[10]
WHEREFORE, the 28 October 2015 Decision of the Regional Trial Court (RTC), Branch 45, Bais City in Criminal Case No. 11-94-MY finding accused-appellant RICO DE LA PEÑA, guilty of Murder is AFFIRMED. With respect to the penalty of reclusion perpetua imposed upon him, accused-appellant shall be ineligible for parole pursuant to RA No. 9346. The accused-appellant is ordered to pay the heirs of the victim, P100,000.00 as civil indemnity, P100,000.00 as moral damages, P100,000.00 as exemplary damages, and P50,000.00 as temperate damages. All monetary awards for damages shall earn interest at the legal rate of 6% per annum from the date of the finality of this Decision until fully paid.
With costs against accused-appellant.
SO ORDERED.[12]
PROS. YBANEZ: x x x x Q: While approaching the said nipa hut was there any unusual incident that you observe or witness? A: Yes. Q: What is that unusual incident? A: He stabbed my father. Q: When you say he stabbed your father, who stabbed your father? A: Referring to Rico. Q: May we know the family name of this Rico? A: Dela Peña. Q: Is he inside this courtroom? A: Yes. Q: Can you please point to him. A: (Witness pointing to a person who when asked of his name answered Rico Dela Peña). Q: How far were you when you see this Rico Dela Peña stabbed you. father? A: Just near. x x x x Q: And, when this Rico Dela Peña stabbed your father where was your father situated and what was he doing? A: My father was asleep during that time. Q: Where was he sleeping? A: Inside the nipa hut. Q: And, what was the position of your father while he was sleeping? A: He was lying face down. x x x x Q: Can you recall how many times this Rico Dela Peña stabbed your father? A: Many times. x x x x Q: And, what weapon did Rico Dela Peña use in stabbing your father? A: A long bolo locally known as "pinuti". Q: The first time that your father was stabbed by Rico [,] what happened to your father? A: My father shouted. Q: And, can you remember what was the shout of your father? A: He shouted for help. Q: And, what did you do after seeing that your father was stabbed by Rico? A: I was just watching. Q: You said a while ago that your father was stabbed by Rico many times. After that what happened if any? A: He said that he will include us. Q: After hearing this, what did you do? A: We ran away.[17] (Emphasis supplied.)
Location Findings Right upper chest. Five inches long, diagonal anterior ribs open to four inches long, heart and other internal organs can be seen through the wound. Along anterior axillary line or three inches below the nipple. Two inches long, vertical, deep and penetrating. Anterior side of the right forearm. Cutting up to subcutaneous tissue. Below right scapula Five inches long with one inch abrasion tail, widely gasping, width about two inches, posterior ribs open to two inches long, deep and penetrating. Above left iliac crest along posterior axillary line. Four inches long, vertical, deep, large intestine partly herniated. V-shaped wound on the posterior side of left thumb. Cutting tissue up to muscles. One inch below shoulder blade. Four inches long, deep reaching muscles. Along right posterior axillary line. One inch long, superficial. Posterior side of Right forearm. Horizontal, two inches long, reaching muscles and tendon. Posterior side of hand. ¾ inch long diagonal, cutting up to subcutaneous tissue.