GR 176158; (March, 2007) (Digest)
G.R. No. 176158 . March 27, 2007.
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROLANDO CABINAN, Appellant.
FACTS
Appellant Rolando Cabinan was charged with Murder for the death of Eleuterio Lucas. The prosecution established that on December 13, 2000, during a drinking session at the victim’s residence, a commotion occurred involving the appellant’s brother. The brother left and fetched the appellant from a nearby billiard hall. Upon returning, the appellant threw a bottle of gin at Eleuterio Lucas, which exploded upon impact on the victim’s head. The victim later died from intracranial hemorrhage. The appellant, for his defense, claimed he threw the bottle to stop a fight between the victim and another person, and was unaware the bottle contained explosives.
ISSUE
Whether the Court of Appeals erred in affirming the appellant’s conviction for Murder.
RULING
The Supreme Court affirmed the conviction. The Court upheld the factual findings of the trial court, which are generally binding unless substantial facts were overlooked. The positive identification of the appellant by prosecution witnesses was accorded full faith and credence, as no improper motive was shown. Minor inconsistencies in witness testimonies regarding who was with the victim prior to the incident do not impair their overall credibility, especially given the traumatic nature of the event.
The Court rejected the appellant’s claim of lack of intent to kill. The weapon used, the act of aiming at the victim’s head, and the location of the fatal wound unmistakably demonstrated intent to kill. His assertion that he did not know the bottle contained explosives was found incredible, as it was improbable such an item would be casually lying around. The qualifying circumstance of treachery was present because the sudden and unexpected bottle throw from behind, which gave the victim no opportunity to defend himself, employed a method that ensured the execution of the crime without risk to the appellant. The penalty of reclusion perpetua was affirmed. The damages awarded by the Court of Appeals were modified, with an additional award of Twenty-Five Thousand Pesos (₱25,000.00) as exemplary damages.