GR 213383; (June, 2015) (Digest)
G.R. No. 213383, June 22, 2015
People of the Philippines, Plaintiff-Appellee, vs. Ernie Inciong y Orense, Accused-Appellant.
FACTS
On July 18, 2008, at around 11:30 a.m., accused-appellant Ernie Inciong was having a drinking spree at a carinderia in Batangas. The victim, Jumar Lumbera, crossed the street towards the carinderia. Upon reaching the other side, accused-appellant suddenly poked Lumbera with an iron pipe (a homemade firearm or sumpak) and fired it, hitting Lumbera in the stomach. As Lumbera fell, accused-appellant approached and hit his head twice with the sumpak. Lumbera was brought to the hospital but died from his injuries. Prosecution witness Elena Villa de Leon, who was near Lumbera, witnessed the incident and identified accused-appellant in court. The victim’s widow testified on incurred expenses. Accused-appellant was charged with Murder. He admitted shooting Lumbera but claimed self-defense, alleging that Lumbera first boxed and threatened him, and later pointed the sumpak at him, leading to a struggle for the weapon. The Regional Trial Court (RTC) convicted him of Murder, finding treachery present and rejecting self-defense due to lack of unlawful aggression. The Court of Appeals (CA) affirmed the conviction.
ISSUE
Whether or not the Court of Appeals erred in upholding accused-appellant’s conviction for the crime of Murder.
RULING
The Supreme Court dismissed the appeal and affirmed the CA decision with modifications. The Court ruled that accused-appellant failed to prove the elements of self-defense, particularly unlawful aggression on the part of the victim. The evidence showed accused-appellant was the aggressor, suddenly shooting Lumbera and then hitting his head while he was down, as corroborated by a credible eyewitness. Treachery was correctly appreciated as the attack was sudden and without warning, ensuring execution without risk to the accused. The penalty of reclusion perpetua was affirmed, with ineligibility for parole pursuant to Republic Act No. 9346. The awards for damages were modified: civil indemnity to ₱75,000.00, moral damages to ₱75,000.00, actual damages to ₱44,345.50 (as evidenced by receipts), and exemplary damages affirmed at ₱30,000.00, all with legal interest of 6% per annum from finality until fully paid.