Cited Laws
TL;DR — Ruling
WHEREFORE, the court finds the accused Glenn Lotoc guilty beyond reasonable doubt of the crime of murder qualified by treachery and there being no mitigating or aggravating circumstances to consider[,] he is hereby sentenced to reclusion perpetua , to indemnify the heirs of Benedicto Mabulac, represented by Mrs. Rosario C. Mabulac, in the amount of P50,000.00 without subsidiary imprisonment in case of insolvency, and to pay the costs.
WHEREFORE, the court finds the accused Glenn Lotoc guilty beyond reasonable doubt of the crime of murder qualified by treachery and there being no mitigating or aggravating circumstances to consider[,] he is hereby sentenced to reclusion perpetua , to indemnify the heirs of Benedicto Mabulac, represented by Mrs. Rosario C. Mabulac, in the amount of P50,000.00 without subsidiary imprisonment in case of insolvency, and to pay the costs." [5] In view of the penalty imposed, the appeal was filed directly with this Court. [6] The Facts Evidence for the Prosecution In the Appellee's Brief, [7] the Office of the Solicitor General, on behalf of the People, presented the following narration of the facts: "On March 17, 1996, around 7:00 p.m., Glenn Lotoc (herein appellant), together with the three other accused, went to the house of Mrs. Trinidad Java, sister of Benedicto Mabulac (victim), and invited him to go out with them for a drinking session. All together, the four (4) accused, along with Benedicto, left for an unknown place (TSN, March 13, 1997, pp. 3-4; April 3, 1997, pp. 8-9). "Around 9:00 p.m. of the same day, while on his way home from the house of Mrs. Trinidad Java where he offered to sell his pig to her husband Ramil, Cecilio Mabingnay (prosecution witness) saw Glenn Lotoc (appellant) in front of the Perez residence near the Samar National High School holding both hands of Benedicto behind his back (TSN, Feb. 24, 1997, p. 5). "Thinking that they were only drunk, Mabingnay walked on but a few seconds later, he saw the three other accused from across the street coming towards Benedicto, with Joel Duran first stabbing Benedicto with a knife, followed by Julito Golong who also delivered a stabbing blow. Glenn Lotoc then released Benedicto. Thereupon, Benedicto ran but he was chased by Baul. When Benedicto fell, the four culprits disappeared in the dark (Ibid ., Feb. 24, 1997, pp. 6-9; 14-17). "Afraid that he might as well be stabbed, [sic] Mabingnay immediately left the place and informed the people at the Samar Memorial Chapel about the incident. He immediately left the place when the people ignored and just laughed at him (Ibid ., Feb. 24, 1997, p. 9). "Benedicto was brought by an unidentified tricycle driver to the Samar Provincial Hospital in Catbalogan, Samar where he died three hours later (TSN, Dec. 4, 1996, pp. 3-4, 13)." [8] Evidence for the Defense In his Brief, [9] appellant raises the defense of denial, claiming that he went to Pier I to refrigerate fish on the night of the murder. On his way home, he was allegedly asked by Cesar Doroja, a tricycle driver, to help him load a wounded person into his tricycle, which would transport him to a nearby hospital. Appellant states: "Evidence for the defense tends to show that in the evening of March 17, 1996, accused Glenn Lotoc was ordered by his father to go to Pier I to refrigerate the fish to be sold the next day in Borongan, Eastern Samar. On his way home, his assistance was requested by