People v. Saltarin

 

People v. Saltarin

G.R. No. 223715

June 3, 2019

FACTS:

                The RTC and CA convicted appellant for murder. Gerry Narido said that Joval Benitez de Jesus is considered as his tatay-tatayan. Around 11 o’clock in the evening, he and the victim were outside a junk shop when appellant asked for coins from them. The victim obliged but refused to give more when appellant asked a second time. After appellant left, he and the victim sat inside a kuliglig parked nearby. When appellant returned, he handed a cigarette to the victim. The latter responded "mabait ka naman pala. " Appellant stepped back a bit and instantly thrust a knife into the victim's chest. He delivered two more blows but missed. Appellant then fled. He (Nari do) got shocked and froze but soon regained his composure when he noticed the victim was already losing his strength. He took the victim out of the kuliglig and brought him to the Gat Andres Hospital. Little did he know that it was the last time he would be seeing his tatay-tatayan alive. The victim died that same night due to the stab wound hitting his heart. On cross, Narido clarified that although it was dark at the locus criminis, he clearly saw appellant because the latter was only an arm's length away when he stabbed the victim. Also, he saw the incident up close since he was seated right beside the victim on board the kuliglig.

ISSUE:

                Whether or not the CA erred in affirming appellant’s conviction.

HELD:

                No. Murder is defined and penalized under Article 248 of the Revised Penal Code, viz.: Article 248. Murder. - Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; Murder requires the following elements: (1) a person was killed; (2) the accused killed him or her; (3) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and ( 4) the killing does not amount to parricide or infanticide. The fact that the incident happened around 11 o'clock in the evening along a dark street did not preclude Narido from clearly recognizing appellant as the assailant. Early on, appellant asked for coins from the victim who readily obliged but refused to give more a second time. Narido and the victim were together the whole time. Narido even saw appellant leave right after the victim declined to give him more coins. When appellant came back shortly after, Narido and the victim were still together, this time, seated side by side inside a parked kuliglig. Up close, Narido saw appellant approach and hand a cigarette to the victim who even praised appellant "mabait ka naman pala." Then, appellant's sudden and unexpected fatal attack happened. He thrust a knife into the victim's chest, causing the latter's death. Narido' s inability to shout for help during the incident was not unusual. Quite the opposite, it is but normal for him to be petrified when his tataytatayan was fatally stabbed before his very eyes. More, appellant's swift, deliberate and unexpected attack on the victim hardly gave Narido a chance to react. Notably, Narido was just fifteen years old at that time. He was not even an adult. And in any case, there is no standard form of reaction when facing a shocking and horrifying experience.