G.R. No. 263560 - PEOPLE OF PHILIPPINES, VS. FERDINAND CADORNA Y DECEMBRIANO ALIAS "MACO,"ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the Court hereby finds the accused Ferdinand Cadorna y (sic) GUILTY beyond reasonable doubt of Homicide in relation to RA 7610. Applying the penalty prescribed under this special law, he is hereby sentenced to suffer reclusion perpetua . The accused is hereby ORDERED to pay the heirs of [AAA] the sum of Php75,000.00 as moral damages; Php75,000.00 as exemplary damages; Php75,000.00 as civil indemnity ex delictu ; and Php50,000.00 as temperate damages. All these amounts shall earn interest at the rate of six percent (6%) per annum from the date of finality of this judgment. No costs. [19] In so ruling, the RTC took into account the circumstantial evidence pointing at Cadorna as the person who committed the killing of AAA. The RTC also considered Cadorna's patent failure to testify in his own behalf to refute the narrations and testimonies of Bael, BBB, and CCC. [20] Further, in convicting Cadorna of homicide in relation to RA 7610 instead of murder in relation to RA 7610, the RTC did not appreciate the qualifying aggravating circumstance of taking advantage of superior strength considering that nobody saw the actual killing of AAA and there was no direct evidence showing that Cadorna purposely used his superior strength to his advantage in killing AAA. [21] Aggrieved, Cadorna appealed to the CA. [22] The CA Ruling In a Decision [23] dated November 29, 2021, the CA affirmed the RTC ruling with modification, upgrading Cadorna's conviction to murder. [24] The dispositive portion of the CA Decision states: WHEREFORE, the appeal is DENIED. The assailed Decision dated November 20, 2017 of the Regional Trial Court, xxxxxxxxxxx xx xx xx xx xx xx xx xx xx xx , is hereby MODIFIED finding accused-appellant Ferdinand Cadorna GUILTY beyond reasonable doubt of the crime of murder and is sentenced to suffer the penalty of reclusion perpetua . Accused-appellant is further ordered to pay the heirs of AAA the amounts of (1) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; (2) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. All damages shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Decision until fully paid. [25] In so ruling, the CA ratiocinated that the killing was attended by the qualifying aggravating circumstance of taking advantage of superior strength considering the fact that AAA was only 9 years old when he was killed. Citing the several cases decided by the Court, the CA further held that the crime of murder is committed when an adult person illegally attacks a child of tender years and causes his death. [26] Hence, the present appeal. The Issue Before the Court The issue before the Court is whether Cadorna is guilty beyond reasonable doubt of the crime of murder. The Court's Ruling The appeal is without merit. At the outset, the Court stresses that "[d]irect evidence of the