G.R. No. 254381 - PEOPLE OF THE PHILIPPINES, VS. GILBERT ALEGRE Y NAZARAL, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding the accused GILBERT ALEGRE Y NAZARAL guilty beyond reasonable doubt of the crime of Murder punishable under Article 248 of the Revised Penal Code, and is hereby sentenced to suffer the penalty of Reclusion Perpetua without eligibility for parole. The accused is hereby ordered to pay the heirs of Ronald Pascua y Raza the following: 1. civil indemnity in the amount of Php 100,000.00; 2. moral damages in the amount of Php 100,000.00; 3. exemplary damages in the amount of Php 100,000.00; and 4. actual damages in the amount of Php 86,900.00. The aforesaid monetary award payable by accused are subject to interest at the rate of six percent (6%) per annum from the finality of this Decision until fully paid. With costs against the accused. [19] Aggrieved, Alegre appealed to the CA, averring that the RTC gravely erred in convicting him of Murder despite the failure of the prosecution to prove all the elements thereof, and to prove his guilt beyond reasonable doubt. [20] In particular, Alegre argued that treachery was not sufficiently alleged in the Information and was not adequately proved during trial. [21] Ruling of the Court of Appeals: On January 30, 2020, the CA promulgated its Decision denying Alegre's appeal. Similar to the RTC, the CA found that the prosecution sufficiently proved all the elements of Murder, including the qualifying circumstance of treachery. It likewise held that the same was adequately alleged in the Information, and noted that this issue was only brought up for the first time on appeal; thus, it became too late for Alegre to raise such an objection pursuant to Section 9, Rule 117 of the Rules of Court. [22] The CA thus ruled: WHEREFORE , premises considered, the instant appeal is DENIED . The Decision of the Regional Trial Court of Valenzuela City, Branch 75, dated 13 November2018 in Criminal Case No. 179-V-14 is AFFIRMED . SO ORDERED.