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.
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