GR 197043; (February, 2012) (Digest)
G.R. No. 197043; February 29, 2012
PEOPLE OF THE PHILIPPINES, Appellee, vs. ANTONIO BALDOMAR y LISCANO, Appellant.
FACTS
The appellant, Antonio Baldomar y Liscano, was convicted by the Regional Trial Court (RTC) of Pasig City, Branch 262, for the crimes of murder (for the death of Eulogio Leguin) and frustrated murder (for the serious wounding of German Irasga). The RTC gave credence to the testimony of German Irasga, who stated that the appellant stabbed him in the chest while he was sleeping and again in the back as he fled, and that the appellant also stabbed Eulogio Leguin. This testimony was corroborated by witnesses Nena Baldomar, Lita Leguin, and Edgar Leguin, who testified they saw the appellant holding a bloodied knife and standing near the head of the bloodied Eulogio. The RTC found that treachery attended the crimes as the attacks were sudden and unexpected, the victims being asleep. The RTC sentenced the appellant to reclusion perpetua for murder and an indeterminate penalty for frustrated murder, and ordered him to pay damages. The Court of Appeals affirmed the RTC decision in full.
ISSUE
Whether the Court of Appeals erred in affirming the appellant’s conviction for murder and frustrated murder.
RULING
The Supreme Court DISMISSED the appeal but MODIFIED the awarded indemnities. The Court upheld the factual findings and credibility assessments of the lower courts, finding no reason to disturb them. It affirmed that the appellant was positively identified by eyewitnesses as the perpetrator. The Court agreed that treachery qualified the killing of Eulogio Leguin as murder, as the attack was swift and sudden on a sleeping victim. The defense of denial was rejected as it cannot prevail over positive identification.
The penalties were affirmed as correct: reclusion perpetua for murder and, for frustrated murder, an indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 14 years, 8 months and 1 day of reclusion temporal, as maximum.
The Court modified the civil liabilities. In the murder case (Criminal Case No. 125677-H), the appellant was ordered to pay the victim’s heirs: ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, ₱30,000.00 as exemplary damages, and ₱25,000.00 as temperate damages. In the frustrated murder case (Criminal Case No. 125678), the appellant was ordered to pay the victim German Irasga: ₱40,000.00 as moral damages, ₱25,000.00 as temperate damages, and ₱20,000.00 as exemplary damages.