People v. Corpuz

 

People v. Corpuz

G.R. No. 220486

June 26, 2019

FACTS:

                The RTC and CA convicted the appellant for the crime of Murder. Prosecution witnesses testified that on September 2, 2011, about 4 o'clock in the afternoon, Jerry left their house and rode his motorcycle to buy feeds. Just after a  few meters, he was flagged down by Porfirio Corpuz, Jr .. 4 When Jerry stopped, Porfirio confronted him about a dog. Jerry's wife Ofelia saw the altercation and she got worried. Together with her son Jerick, she walked toward the direction where Jerry and Porfirio were arguing and pushing each other. She saw Jerry falling to the ground and Porfirio immediately going on top of him. While the two were fighting, Porfirio's brother, appellant appeared with a  gun in hand. He walked up to Jerry and shot the latter twice. Ofelia shouted for help and begged Porfirio to help bring Jerry to the hospital. But Jerry died even before they got to the hospital. Meanwhile, appellant, still holding his gun, walked away into the fields.

ISSUE:

                Whether or not CA erred in convicting accused of murder.

HELD:

                No. Article 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 perpetua to death if committed with any of the following attendant circumstances: 1. t With treachery, taking advantage of superior strength, with aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity; Murder requires the following elements: (1) a  person was killed; (2) the accused killed him or her; (3) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and ( 4) the killing is not parricide or infanticide. We focus on the second and third elements, the presence of which appellant vigorously disclaims. The victim's slaying was more spontaneous than planned. Eyewitnesses testified that when appellant saw the victim pinned on the ground by Porfirio, he walked to them and shot Jerry twice. Hence, there was no showing that the killing was plotted or that there was enough time for appellant to reflect on the consequences of killing his victim before actually carrying it  out.