G.R. No. 134756 - PEOPLE OF THE PHILIPPINES, VS. DOMINGO PEREZ Y DE LEON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, all premises considered, this Court finds and so resolves that the prosecution has established the criminal liability of the accused beyond reasonable doubt. Accordingly, Domingo Perez Y de Leon is hereby found GUILTY of the crime of murder. Absent any circumstances that would mitigate or aggravate the penalty, and in line with the decision in the case of People vs. Villanueva, et al. GR. Nos. 97144-45, July 10, 1992, he is hereby sentenced to suffer the penalty of reclusion perpetua provided under Article 248 of [the] Revised Penal code. It follows that the benefits of the Indeterminate Sentence Law cannot be applied to the accused herein. "On the civil aspect, the accused is hereby condemned to indemnify the Heirs of Felicidad Virginiza in the sum of P50,000.00. Without positive proof except the receipt from the funeral home, of expenses incidental to her death, he is hereby ordered to pay the said offended parties the sum of P30,000.00 in actual/compensatory damages and the further sum of P100,000.00 in moral damages. "With costs against the accused." The Facts Version of the Prosecution The Office of the Solicitor General summarizes the prosecution's version of the facts as follows: "Appellant is the live-in partner of the victim Felicidad Virginiza, with whom he had two (2) children. After ten (10) years together, Felicidad, upon the advice of her brothers and sisters, ended the relationship and left appellant (TSN, December 12, 1994, p. 20, November 26, 1997, pp. 3, 6, 9-10, 15-16). "In the late afternoon of January 28, 1991, Felicidad was in Barangay Capihan, San Rafael, Bulacan, sitting on a bench and taking a snack in front of the variety store of one `Baby.' Across her were two (2) of her nephews, Gilbert Toria and Richard Virginiza, seated on another bench and likewise taking snacks. Nearby were some persons playing cards on a table (Ibid., November 4, 1994, pp. 7-8, 10, 16; June 9, 1995, p. 12; December 12, 1994, p. 10). "Suddenly, appellant came from behind Felicidad, drew a .38 caliber pistol from his waist, and shouted `Putang ina mo, Bebot." As Felicidad stood, up, exclaiming `Huwag' with outstretched arms to restrain appellant, the latter fired twice at close range, grazing Felicidad's right forearm. When she turned to her side to escape, Felicidad tripped on an exposed root of a nearby tree and fell face down on the ground. Appellant caught up with her, raised her head by the hair, and shot her on the nape. Appellant warned the onlookers not to do anything, then hurriedly left the store on board a tricycle (Ibid., November 4, 1994, pp. 8-9, 10; December 12, 1994, p. 4-5, 17-18; February 6, 1995, p. 8-9, 11-12; March 8, 1995, pp. 9-12; June 9, 1995, pp. 4-8). "Recovering from their initial shock, Felicidad's brother Adriano Virginiza, who had just arrived, together with Gilbert and Richard, carried her body to a place where medico-legal officer, Dr. Benito Caballero, conducted an autopsy. His findings showed that Felic