G.R. No. 188323 ; February 21, 2011
PEOPLE OF THE PHILIPPINES, Appellee, vs. CHARLIE ABAÑO y CAÑARES, Appellant.

FACTS

On October 5, 2005, appellant Charlie Abaño y Cañares was charged with Murder before the Regional Trial Court (RTC) of Naga City, Branch 62. The Information alleged that on or about October 3, 2005, at around 10:00 p.m. in Barangay Del Socorro, Minalabac, Camarines Sur, the appellant, with intent to kill, treachery, and evident premeditation, attacked, assaulted, and hacked Cesar Cabase y San Joaquin with a bolo, causing fatal wounds that led to his instantaneous death. The appellant pleaded not guilty.
During trial, the prosecution presented eyewitness Richelda Madera Cabase, the victim’s wife. She testified that at the time of the incident, the victim was asleep in their hut’s room, which was illuminated by an outside kerosene lamp. The appellant suddenly barged in, focused a flashlight on the victim, and began hacking him with a bolo. Out of fear, Richelda retreated to a corner. The appellant then focused the flashlight on her before leaving when her daughter started crying. Medico-legal findings confirmed multiple hack wounds with skull fractures as the cause of death. The victim’s family claimed funeral and burial expenses of ₱26,535.00 but could only present receipts for ₱5,035.00.
The appellant interposed the defense of alibi, claiming he was asleep at a farm about 300 meters away from the crime scene on the night of the killing.
The RTC convicted the appellant of Murder, primarily relying on Richelda’s credible and consistent eyewitness testimony. The court appreciated the qualifying circumstance of treachery, as the victim was asleep and incapable of defense, but disregarded evident premeditation for lack of proof. The appellant was sentenced to reclusion perpetua and ordered to pay the victim’s heirs ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱25,000.00 as temperate damages.
On appeal, the Court of Appeals (CA) affirmed the RTC’s judgment but modified the damages, awarding only ₱5,000.00 as actual damages based on the receipts presented, and deleting the award of temperate damages.

ISSUE

Whether the Court of Appeals erred in affirming the appellant’s conviction for Murder and the corresponding penalties and damages imposed.

RULING

The Supreme Court affirmed the appellant’s guilt for Murder but modified the award of damages.
The Court found no reason to disturb the factual findings of the RTC and the CA. The eyewitness account of the victim’s wife was straightforward, consistent with physical evidence, and given by a witness with no ill motive against the appellant, whom she knew well. The appellant’s defense of alibi failed, as he did not prove it was physically impossible for him to be at the crime scene, given he was only 300 meters away. Treachery was properly appreciated as a qualifying circumstance, as the attack was made while the victim was asleep and utterly defenseless. With no aggravating or mitigating circumstances, the penalty of reclusion perpetua was correctly imposed.
Regarding civil liability, the Supreme Court modified the CA’s ruling on damages. Since the receipted expenses (₱5,035.00) were less than ₱25,000.00, temperate damages of ₱25,000.00 should be awarded in lieu of actual damages. Furthermore, due to the presence of treachery, exemplary damages of ₱30,000.00 should also be awarded.
DISPOSITIVE PORTION:
The CA Decision dated November 20, 2008, is AFFIRMED with MODIFICATION. Appellant Charlie Abaño y Cañares is found guilty of Murder under Article 248 of the Revised Penal Code and sentenced to reclusion perpetua. He is ordered to pay the heirs of Cesar Cabase ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, ₱25,000.00 as temperate damages, and ₱30,000.00 as exemplary damages.