GR 169869; (July, 2007) (Digest)
G.R. No. 169869 ; July 12, 2007
PEOPLE OF THE PHILIPPINES, Appellee, vs. PEDRO DELIMA, JR., Appellant.
FACTS
The appellant, Pedro Delima, Jr., was charged with the parricide of his wife, Lourdes Merino, in Quezon City. The prosecution presented six-year-old Melissa Makabenta, the victim’s niece and an eyewitness, who testified that she saw the appellant retrieve a knife, kneel beside his sleeping wife, and repeatedly stab her. The victim’s sister, Isabel Makabenta, corroborated the circumstances, having left the house earlier and returning to find her sister dead. The medico-legal report confirmed the cause of death as hemorrhagic shock from a stab wound. The defense relied on alibi and denial, with the appellant claiming he was in Leyte at the time and that his admission was coerced by police.
ISSUE
The core issue is whether the prosecution proved the guilt of the appellant for the crime of parricide beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction for parricide but modified the penalties and damages. The Court found the testimony of the child witness, Melissa, to be credible, categorical, and consistent. Her young age did not impair her credibility, as she demonstrated the capacity to observe, recollect, and communicate the events. The appellant’s defenses of alibi and denial were inherently weak and could not prevail over the positive identification by an eyewitness. The relationship of marriage, an essential element of parricide, was established through a judicial admission in the pre-trial order. However, the Court ruled that the qualifying circumstance of treachery was not sufficiently proven, as the attack on a sleeping victim, while sudden, was not shown to have been consciously adopted to ensure the execution without risk to the assailant. Consequently, the death penalty imposed by the Court of Appeals was reduced to reclusion perpetua without parole pursuant to Republic Act No. 9346 . The award of temperate damages was deleted due to lack of proof of actual funeral expenses incurred by the family.