G.R. No. 215715 - PEOPLE OF THE PHILIPPINES, VS. EDCEL COLORADA, ACCUSED-.RESOLUTION - Supreme Court E-Library

Ruling

WHEREFORE , in view of all the foregoing considerations, this Court finds accused EDCEL COLORADA guilty beyond reasonable doubt of the crime of Murder and sentences him to suffer the penalty of imprisonment of RECLUSION PERPETUA ; and, to pay, the heirs of the victim, Genoveva Barraza, P75,000.00 as civil indemnity, and P75,000.00 for moral damages. And to pay the Costs. [26] Ruling of the Court of Appeals The Court of Appeals, in its assailed Decision dated 28 February 2014, affirmed with modification the judgment of conviction of the RTC. The dispositive portion of the decision reads: WHEREFORE , absent any reversible error, the instant appeal is DENIED. The 26 April 2012 Decision of the Regional Trial Court, Branch 6, Tacloban City in Criminal Case No. 2001-90655 finding herein accused-appellant EDCEL COLORADA guilty beyond reasonable doubt with the MURDER of Genoveva Barraza is hereby AFFIRMED with the MODIFICATION that the moral damages should be decreased to Php50,000.00 and that, Edcel Colorada is further ORDERED to pay to the heirs of Genoveva Barraza interest on all amounts awarded as damages at the legal rate of six percent (6%) per annum from finality of this judgment until fully paid, consistent with the recent jurisprudence. [27] Manifesting his intention to appeal to this Court, accused-appellant, by counsel, timely filed a Notice of Appeal. [28] The Notice of Appeal was given due course and the entire records of the case were directed to be transmitted to this Court for review. In a Resolution [29] dated 11 February 2015, this Court required the parties to file their respective supplemental briefs. The parties manifested [30] that they are adopting their respective briefs submitted before the Court of Appeals, in lieu of filing supplemental briefs. Our Ruling We deny the appeal. Article 248 of the Revised Penal Code (RPC) defines Murder as follows: Art. 248. Murder . Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity. x x x x The prosecution must establish the following to prove the crime of murder: (1) that the victim was killed; (2) that the killing is not infanticide or parricide; (3) that the accused killed the victim; and (4) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the RPC. [31] All the elements are present in this case. The Death Certificate [32] of the victim clearly established her death. Furthermore, the case is neither infanticide [33] nor parricide, [34] as defined by the RPC. That the accused-appellant killed the victim, as attended by treachery and taking advantage of superior strength, was