THIRD DIVISION [G.R. No. 128812. February 28, 2000] PEOPLE OF THE PHILIPPINES, plaintiff-appellee, ENGUITO, defendant-appellant.

DE ISION vs. THADEOS

GON!AGA"RE#ES, J.$ This case was certified for review pursuant to Section 13, Rule 12 of the Rules on !ri"inal #rocedure $% the !ourt of &ppeals '1( which found accused) appellant Thadeos *n+uito +uilt% $e%ond reasona$le of the cri"e of "urder with less serious ph%sical in,uries and sentenced hi" to suffer the penalt% of reclusion perpetuaThadeos *n+uito was char+ed with the cri"e of .urder with .ultiple /ess Serious #h%sical In,uries under the followin+ Infor"ation0 1%)calr 2That on Septe"$er 22, 1331 at a$out 3044 o5cloc6 earl% dawn at .arcos 7rid+e, !a+a%an de Oro !it%, #hilippines, and within the ,urisdiction of this Honora$le !ourt, the a$ove)na"ed accused with intent to 6ill and with treacher% and with evident pre"editation, did then and there wilfull%, unlawfull%, and feloniousl% chased, $u"ped and hit the "otorela which 8ilfredo S- &chu"$re was ridin+ with his !eres 1ia auto"o$ile $earin+ #late No- 922 and as a conse:uence thereof, the "otorela was dra++ed and fell on the road causin+ the driver ;<elipe Re:uer"e= and its passen+er Rosita Re:uer"e to sustain serious $odil% in,uries while the deceased 8ilfredo S- &chu"$re was a$le to run towards the railin+s at .arcos 7rid+e $ut accused with intent to 6ill hi" hit instantaneousl% i""ediatel% ra""ed and hit hi" with his driven vehicle cuttin+ his ri+ht le+ and thereafter ran over hi" there$% causin+ "ortal har" on his $od% which was the direct and i""ediate cause of his instantaneous deathThat the wron+ done in the co""ission of the cri"e was deli$eratel% au+"ented $% causin+ other wron+ not necessar% for its co""ission!ontrar% to &rticle 2 > of the Revised #enal !ode in relation to para+raphs 13 and 21 of &rticle 1 thereof-2'2( ?pon arrai+n"ent, accused, assisted $% counsel, pleaded not +uilt% to the cri"e char+ed-'3(

Trial ensued- The prosecution presented the followin+ witnesses0 <elipe Re:uer"e, Rosita Re:uer"e, #O3 Ricardo !atiil, S#O1 &l$ert !alin+asan, #O3 Vir+ilio .a:uilin+, S#O1 <ran6lin &la"$an, Sr-, @eor+ita &chu"$re, DrSofronio Sescon and Dr- &polinar Vacalares- The defense presented &l$erto !haves, &nita *n+uito and the accused hi"selfIn his $rief, accused)appellant states that he is in confor"it% with the findin+s of facts of the court a quo[4] which we :uote hereunder0 2#rosecution5s *vidence0 .s)es" <ro" the testi"onies of prosecution witnesses <elipe Re:uer"e, Rosita Re:uer"e, #O3 Ricardo !atiil, S#O1 &l$ert !alin+asan, #O3 Vir+ilio .a:uilin+, S#O1 <ran6lin &la"$an, Sr-, co"plainant @eor+ita &chu"$re, wife of the deceased, Dr- Sofronio Sescon and Dr- &polinar Vacalares, it was esta$lished that at a$out 3044 o5cloc6 dawn of Septe"$er 22, 1331, <elipe Re:uer"e, a "otorela driver who while drivin+ his "otorela with his wife on $oard, fro" /apasan towards #o$lacion, !a+a%an de Oro !it%, pic6ed up a passen+er near the NaAareno church- The passen+er was later identified as the deceased, *n+r- 8ilfredo &chu"$re- &chu"$re as6ed hi" to $rin+ hi" across the .arcos $rid+e towards his ho"e- &fter travellin+ a distance of 344 "eters "ore or less and near the Sacred Heart of Besus .ontessori School, Re:uer"e5s "otorela was $u"ped $% a white "otor vehicle- The vehicle 6ept pushin+ the "otorela causin+ it to run ver% fast for the neCt 44 "eters until it reached the area in front of 8heels .ar6etin+- 7ecause of the violent push the "otorela turned around facin+ the direction fro" where it ca"e fro" and fell on its ri+ht side<elipe Re:uer"e screa"ed for help thin6in+ that his wife was pinned underneath- & ta"araw pic6)up stopped near the" and he i""ediatel% infor"ed that the% were intentionall% hit $% the white vehicle& short ti"e later a police "o$ile patrol arrived and with the assistance of the people around, the% pushed the "otorela to return it to its natural position- Re:uer"e and his wife were $rou+ht to the Operation 1ahusa% u+ 1alinaw ;O11=, a 2 )hour police station where all victi"s of cri"es report in !a+a%an de Oro- &t the O11 the driver of the white

service pic6)up who $u"ped his "otorela arrivedRe:uer"e identified the driver as Thadeos *n+uito who" he pointed inside the courtroo"- /ater, Re:uer"e and his wife were $rou+ht to the cit% hospital for "edical chec6)up- The% were also $rou+ht to the Northern .indanao Re+ional Trainin+ Hospital to identif% the deceased- The followin+ da% the Re:uer"e spouses went to the police station and eCecuted their affidavits which are attached to the record<elipe Re:uer"e presented a "edical certificate issued $% the eCa"inin+ ph%sician to esta$lish the in,uries he suffered ;*Ch- 2&2=- /i6ewise, he presented prescription for "edicines and he said that he spent a total a"ount of #1,444-44 ;*Chs- 272, 27) 12, 27)22, 27)32=-*)Cs" Rosita Re:uer"e was ridin+ alon+ with her hus$and and she noticed that when the% were near the Sacred Heart of Besus .ontessori School their "otorela was $u"ped $% a white "otor vehicle- She o$served that the face of the driver of the vehicle $u"pin+ the" was $lood%- .rs- Re:uer"e shouted and waved her hand si+nallin+ the driver to stop $ut the driver 6ept pushin+ the "otorela violentl%- The push was so fast and stron+ that the "otorela was alread% uncontrolled and runnin+ ver% fast- Their passen+er ,u"ped out when the% were alread% at the .arcos $rid+e near the 8heels .ar6etin+- Then the "otorela "ade a 1>4 de+rees turn facin+ the direction where the% ca"e fro" and fell on its ri+ht side- Stru++lin+ out of the "otorela she noticed that the white vehicle went up the elevated catwal6 or pathwa% pursuin+ &chu"$re who was hit when he was alread% at the railin+ ;$arandilla=- Then she o$served that the white vehicle drove across the $rid+e towards Ili+an !it%- &t the O11 she saw the accused $rou+ht $% police"en and she as6ed hi" wh% he $u"ped the" and the accused answered 2I have to do it .anan+ $ecause loo6 at "e now2 ;TSN, Dec- 1D, 1331=- She also o$served that the face of the accused was $leedin+- She identified the accused in court, as the sa"e person she saw at the O11- She was treated at the hospital and was issued a "edical

certificate ;*Ch- 2!2=- To+ether with her hus$and, the% spent #1,444-44 for "edicines#O3 Ricardo !atiil was assi+ned as driver of the "o$ile division patrol no- 49 on Septe"$er 22, 1331 to+ether with S#O1 &l$ert !alin+asan and &r"ando .ana- The% par6ed the "o$ile car at the other end of the .arcos $rid+e alon+ !- .- Recto &venue at a$out 2034 in the "ornin+- Shortl% thereafter, he saw a car co"in+ fro" !a+a%an de Oro po$lacion crossin+ the $rid+e runnin+ fast with a da"a+e on its ri+ht portion- He esti"ated the speed at >4 6ph- O$servin+ so"ethin+ unusual the% pursued the vehicle, switched on their siren and cau+ht up with the vehicle at 1"- 3, 2-D 6ilo"eters fro" the place of incident- !atiil and the other two police"en ali+hted fro" the car and accosted the driver and $rou+ht hi" to the O11- He noticed that the face of the driver was $leedin+ which he $elieved "a% have $een caused $% the splintered windshield- *Ca"inin+ the vehicle, the% noticed that in addition to the $ro6en windshield, the ri+ht portion of the si+nal li+ht and the head li+ht were also da"a+edThe ri+ht front tire was flat- 8hen as6ed, the driver ad"itted that he $u"ped so"eone at the .arcos $rid+eS#O1 &l$ert !alin+asan, supportin+ the testi"on% of Ricardo !atiil who was the driver of the "o$ile patrol car 49, declared that the% were at the "iddle of the .arcos $rid+e when the% saw a !eres 1ia car runnin+ fast and the% pursued it until it stopped at 1"- 3- &fter deliverin+ the accused at the O11, !alin+asan to+ether with his two co"panions drove $ac6 to the place of incident- The% saw $lood on the street- There were also $its of hu"an flesh found on the ce"ented road and the ri+ht le+ was co"pletel% severed- !alin+asan eCplained that when the% followed at the hospital and viewed the $od% of the victi", the% saw that the ri+ht le+ was severed fro" the $od%- !alr)6% #O3 Vir+ilio .a:uilin+ was assi+ned with "o$ile patrol 4E of the !a+a%an de Oro #olice Station at a$out 2044 o5cloc6 dawn of Septe"$er 22, 1331- The% were on patrol near the @oleA residence al"ost near the foot of the .arcos $rid+e facin+ Ili+an !it%- .a:uilin+ and his co"panions saw a !eres 1ia co"in+ fro" /iceo de !a+a%an and turned ri+ht at the $rid+e and went towards the place where the incident occurred- .a:uilin+ o$served that the wa% the vehicle was driven, the driver "a% have $een drun6- Twent% "inutes later, the sa"e vehicle ca"e $ac6 with its ri+ht portion da"a+ed- Suspectin+ that so"ethin+ untoward "a% have occurred, he called "o$ile patrol 141 to intercept the vehicle- Not lon+ after a #? driver infor"ed

.a:uilin+ and his co"panions that a "otorela was involved in a traffic accident at the other end of the $rid+e near /icoan 7a6er% and Restaurant- #roceedin+ to the place of incident, he saw a $od% of a person at &$ellanosa Street which is located i""ediatel% $elow the $rid+e a$out 14 feet hi+h- He also saw that the ri+ht le+ of the person was han+in+ at the .arcos $rid+e railin+ a$out seven "eters awa% fro" the $od%- .a:uilin+, usin+ his radio, called the para"edic- The% i""ediatel% $rou+ht the $od% of the victi" to the N.RTH- .a:uilin+ inspected the cri"e scene and he o$served that the lateC paint of the railin+ was scraped and the trailin+ was dentedDr- Sofronio Sescon identified the "edical certificate and he descri$ed his findin+s as follows0 2Octo$er 13, 1331 .*DI!&/ !*RTI<I!&T* TO 8HO. IT .&F !ON!*RN0 THIS IS TO !*RTI<F that .R- <*/I#* R*G?;I=*R.*, 2 %ears old, of !onsolacion, !a+a%an de Oro !it% was eCa"ined $% the undersi+ned in this hospital on Septe"$er 22, 1331 at a$out 3012 &-.- for0 2&$rasions, a$out 2 C c"- and 4-E C 2 c"-, with he"ato"a, Ri+ht lu"$ar area-2 Sd)aad)sc HHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHH Healin+ #eriod0 Two ;2= wee6s $arrin+ co"plicationsThis certificate is issued for whatever purpose it "a% serve;S@D-= SO<RONIO .edical Officer2 !S*S!ON, .-D-

Dr- Ro+elio @anna$an eCa"ined Rosita Re:uer"e at a$out 3044 o5cloc6 dawn of Sept- 22, 1331 and he issued a "edical certificate ;*Ch- 2!2= indicatin+ the followin+ in,uries0 2Octo$er 13, 1331 .*DI!&/ !*RTI<I!&T*

TO 8HO. IT .&F !ON!*RN0 THIS IS TO !*RTI<F that .RS- ROSIT& R*G?;I= *R.*, 1 %ears old, of !onsolacion, !a+a%an de Oro !it% was eCa"ined $% the undersi+ned in this hospital on Septe"$er 22, 1331 at a$out 3012 a-"- for0 )-----!ontusion 2-4 C D-4 c"- Ri+ht ar", .I3, "edialJ )-----!ontusion 3-4 C -4 c"- Ri+ht le+, #I3, anterior HHHHHHHHHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHH H*&/IN@ #*RIOD0 Three to <ive ;3)E= da%s $arrin+ co"plicationsThis certificate is issued for whatever purpose it "a% serve;S@D-= RO@*/IO .edical Officer IV2 R@&NN&7&N, .D-

Dr- &polinar Vacalares, chief of the #atholo+% Depart"ent of the N.RTH identified the death certificate of 8ilfredo &chu"$re ;*Ch- 2D2, 2D)12=- He conducted an autops% on the cadaver of 8ilfredo &chu"$re and the followin+ are his eCternal findin+s0 2C C C #rosecutor @a"otin0 Rtc)spped G-----Now, %ou "ade "ention that %ou were the one who conducted on the cause of death of the victi" on this particular case ) will %ou please tell the honora$le court what was %our findin+s on the victi"K &-----On the autops% ta$le the eCternal findin+s are ) 1= There was a laceration of the forehead and contusions on the left forehead, and 2= .ultiple in,uries on the head and ri+ht eCtre"it%, trau"atic-2 ;TSN, Dec- 13, 1331, p-3= C C C2 He also presented an autops% ta$le showin+ a dia+ra" of the hu"an $od% showin+ therein the in,uries suffered $% the victi" ;*Ch- 2*2, 2*)12, 2*)22=- In eCa"inin+ the $od% he saw that the

ri+ht le+ was cut at the upper third ,ust $elow the 6nee- In the dia+ra" of the hu"an $od% he identified the in,uries on the $rain ;*Ch- 2*)E2, 2*)D, 2*)92, 2*)>2=- The co"plete findin+s of DrVacalares are as follow0 2C C C #rosecutor @a"otin0 G-----Now, what was %our findin+s on the $rain of the victi" in this caseK &-----In openin+ the $rain or the s6ull, there were $lood clots on the eCternal portion of the coverin+ portion and $elow the distal portion or surface, a+ain there was a $lood clot and then the thin "e"$rane that covers the $rain is also covered with $loodG-----Fou "ean to tell this honora$le court he"orrha+e on the $rainK &-----There was a "assive he"orrha+e-2 ;TSN, Dec- 13, 1331, p12= 8hen as6ed $% the defense counsel re+ardin+ a fall fro" a certain hei+ht which would result to a da"a+e of the $rain, Dr- Vacalares answered0 2C C C &-----8ith this drawin+ with "ultiple in,uries on the le+, it could have fall fro" a certain hei+ht fift% feet or twent% feet $ut not fro" five feet hei+ht or even ten feet hei+ht-2 ;TSN, Dec- 13, 1331, p- 21= Scl)aw Dr- Vacalares declared that the victi" suffered "assive he"orrha+e and, in fact, it was i"possi$le for the victi" to survive even with the "ost "odern "edical attendance- There was "assive accu"ulation of clot and no a"ount of sur+er% could have saved the victi"- Death was al"ost instantaneous@eor+ita &chu"$re, wife of the deceased, declared that her hus$and used to receive #E,444-44 "onthl% salar% and with other incentives, +ivin+ hi" a total inco"e of #14,444-44 a "onth- The% have E children na"el%0 !harles Ian ;3 %rs- old-=, /ou &iAa ;D %rs- old=, !har"ie &i"ee ;3 %rs- old=, !harlene Irene ;1 %r- and 14 "os- old=, and !hristine Iv% /ou ;D "os- old=-

@eor+ita &chu"$re 6nows the accused $ecause he used to co"e to their house and he and her hus$and were $oth e"plo%ed with @ L # 7uilders and the% used to pla% $as6et$all to+ether- &t E044 o5cloc6 in the "ornin+ of Septe"$er 22, 1331 she received news of her hus$and5s death- To+ether with her $rother)in)law she proceeded to the N.RTH and saw the $od% of her hus$and l%in+ on a ta$le and covered with white cloth- She was infor"ed that her hus$and was dead on arrival- <ro" the hospital she went to the police station to retrieve the wallet of her hus$and which contained #3,444-44- 8hen she confronted the accused at the police station wh% he 6illed her hus$and, Thadeos *n+uito answered that he was "auled $% her hus$and and it was an act of reven+e- The accused eCplained that the victi" $eca"e an+r% when he was "ade to pa% the $ills of *n+uito5s friend who was seated on the other ta$le*Cpenses she incurred as a result of her hus$and5s death are the followin+0 1= 2= 3= = E= # 9,444-44 # 3,444-44 # E,444-44 # 2,444-44 #24,444-44 for the @reenhills <uneral Ho"esJ for Divine Shepherd .e"orial #ar6J for vi+il and pra%ers for 14 da%sJ for the 4th da% pra%erJ and attorne%5s fees-

She leaves to the discretion of the !ourt the "oral and eCe"plar% da"a+esDefendant5s *vidence0 Sc)leC .aintainin+ that the death of the victi" was purel% an accident, accused Thadeos *n+uito, a co) e"plo%ee of the victi", declared that he and the deceased 8ilfredo &chu"$re were close friends and the% used to pla% $as6et$all to+ether- He is also ac:uainted with the wife of the victi" $ecause he used to +o to their residence- *n+uito "aintained that on Septe"$er 22 at a$out 3044 o5cloc6 in the "ornin+ he was a$out to $rin+ &chu"$re to his house located at 1auswa+an near 1on+ Hua School*n+uito was drivin+ a !eres 1ia pic6)up owned $% @ L # 7uilders !onstruction- &t the crossroad +oin+ to the house of &chu"$re, he ;&chu"$re= refused to step down, co"pellin+ *n+uito to +o $ac6 to where the% ca"e fro" at Divisoria- *n+uito o$served that &chu"$re was alread% drun6- &chu"$re invited

*n+uito to eat $ulalo $ut the latter refused and $ecause &chu"$re still refused to ali+ht fro" the pic6)up, *n+uito decided to +o ho"e to his residence at @aa$uca%an)Os"eMa *Ctension passin+ $% the !oca)!ola plant- Nearin+ the house of *n+uito, &chu"$re suddenl% stepped on the $ra6es and atte"pted to ta6e over the vehicle- The !eres 1ia stopped and *n+uito :uic6l% ,u"ped out and ran towards his house with &chu"$re pursuin+ hi"- &fter a short while &chu"$re was a$le to catch up with *n+uito and he ;&chu"$re= said, 2Fou are a $ra++art2 ;TSN, .a% 1>, 1332, p- 19= and "auled hi"- *n+uito failed to put up a fi+ht $ecause &chu"$re was ver% "uch $i++er havin+ a hei+ht of approCi"atel% E5112- &chu"$re5s $lows resulted to *n+uito5s diAAiness and when his "ind was cleared, he noticed that &chu"$re alread% left- The !eres 1ia pic6)up which &chu"$re wanted to ta6e awa% fro" hi" was left par6ed near *n+uito- Cl)aw &ccused *n+uito drove $ac6 the !eres 1ia in order to report the incident to the police authorities- Turnin+ towards Recto &venue he saw a "otorela which had &chu"$re as passen+er cruisin+ alon+ Recto &venue a little $e%ond the NaAareno !hurch- *n+uito followed the "otorela with intentions of co"pellin+ &chu"$re to surrender to the police havin+ o$served earlier that a police "o$ile patrol was par6ed at the other end of the .arcos $rid+e- Still ver% closel% followin+ the "otorela, &chu"$re suddenl% ,u"ped towards the ri+ht of the !eres 1ia and when he atte"pted to cross the road towards 8heels .ar6etin+ he was hit ;TSN, .a% 1>, 1332, p- 23)2 =*n+uito atte"pted to appl% the $ra6es $ut it was so sudden and &chu"$re was too near- 8ithout verif%in+ what happened to &chu"$re, *n+uito drove on across the $rid+e passin+ $% a patrol car and stoppin+ near the 1"- 3 at a distance of 1-9 6ilo"eters $e%ond the "o$ile patrol par6ed at the foot of the other side of the $rid+e towards Ili+an !it%In tr%in+ to avoid hittin+ &chu"$re, the !eres 1ia hit the railin+s da"a+in+ the windshield, the ri+ht front headli+ht and the ri+ht sidin+ of the vehicle- Noticin+ the police car pursuin+ hi", *n+uito stopped his

vehicle and approached the police"en- He was $rou+ht to the O11 where he was infor"ed that &chu"$re was 6illed- On Septe"$er 23 at the police station durin+ the confrontation, .rs- &chu"$re as6ed *n+uito wh% he 6illed her hus$and and he eCplained that it was not intentional ;TSN, .a% 1>, 13, p- 2D)29=On !ross eCa"ination the accused clai"ed that the $u"per of the !eres 1ia hit the $ac6 portion of the "otorela- He also "aintained that other than the driver there was a wo"an passen+er to+ether with &chu"$re- He affir"ed that &chu"$re havin+ "auled hi" and $loodied his face he was ver% an+r% with the latter*n+uito saw the wo"an waivin+ at hi" to stop $ut he still continued to ver% closel% follow even hittin+ the "otorela- The accused did not appl% the $ra6e $ecause he was afraid that his vehicle "i+ht turn turtle- &s6ed wh% he did not stop his vehicle after hittin+ the deceased he eCplained that there were people +athered fro" the distance and he was afraid that he "i+ht $e har"ed $% the"- 8hen a+ain as6ed wh% he did not stop at the "iddle of the $rid+e, he said that he alread% saw the "o$ile patrol and he directl% went to the"- ScC &s character witness the accused presented &l$erto !haves, 9D %ears old, for"er "a%or of 1alilan+an, 7u6idnon where the accused +rew up- .r- !haves was for"er superintendent of the defunct N&RR& and in 13D he was "unicipal "a%or of #an+antucan, an ad,oinin+ "unicipalit% of 1alilan+an- He was also elected "unicipal "a%or of 1alilan+an in 13D> up to 13>D- He 6new ver% well the accused Thadeos *n+uito as a %oun+ $o%- The father of the accused was a construction fore"an in the "unicipal +overn"ent where he was "a%or and the wife was e"plo%ed with the N&RR& assi+ned under the health services- Durin+ all the %ears when the accused was residin+ in 1alilan+an, 7u6idnon he was never involved in an% cri"e- &s far as he 6nows, he is a +ood $o% and this char+e a+ainst hi" ;*n+uito= is a co"plete surprise to hi"-

&nita *n+uito, wife of the accused, testified that the% have $een "arried for nine %ears and the% have four children, the eldest $ein+ 3 %ears old and the %oun+est 3 %ears old- &s far as she can re"e"$er the deceased 8ilfredo &chu"$ra and her hus$and were +ood friends and she did not 6now of an% :uarrel that transpired $etween the"-2'E( &fter trial, the court a quo rendered ,ud+"ent on Octo$er E, 1332 findin+ accused +uilt% $e%ond reasona$le dou$t of the cri"e of Ho"icide with /ess Serious #h%sical In,uries- The dispositive portion 'D( of which reads0 2IN VI*8 O< TH* <OR*@OIN@, the !ourt is of the considered opinion and so holds that the prosecution clearl% esta$lished $e%ond reasona$le dou$t that the cri"e of ho"icide with less serious ph%sical in,uries was co""itted $% the accused Thadeos *n+uito with the a++ravatin+ circu"stance of the use of "otor vehicle ;&rt- 1 , par- 24, R#!= without an% "iti+atin+ circu"stance and here$% sentences hi" to an indeter"inate sentence ran+in+ fro" T8*/V* ;12= F*&RS of prision correccional as "ini"u" to T8*NTF ;24= F*&RS of reclusion te"poral as "aCi"u" penalt%On the civil lia$ilit%, the accused is here$% ordered to pa% the followin+0 1= # E4,444-44 representin+ 2= # 23,444-44 representin+ 3= #244,444-44 representin+ da"a+esJ = # 24,444-44 attorne%5s feedeath co"pensationJ funeral eCpensesJ C)sc "oral and eCe"plar%

The accused is li6ewise ordered to pa% spouses <elipe and Rosita Re:uer"e the followin+0 1= # 1,444-44 2= #34,444-44 da"a+es-2 representin+ "edical representin+ "oral and eCpensesJ eCe"plar%

On appeal, the !ourt of &ppeals found that since the prosecution5s evidence showed that accused 6illed the victi" $% "eans of "otor vehicle, he should $e +uilt% of the cri"e of "urder and not of ho"icide- The dispositive portion'9( of the Decision dated Octo$er 19, 133D reads0 28H*R*<OR*, the appealed decision is here$% &<<IR.*D with the followin+ "odification0 appellant Thadeos *n+uito is here$%

found +uilt% $e%ond reasona$le dou$t of the cri"e of .?RD*R 8ITH /*SS S*RIO?S #HFSI!&/ INB?RI*S and is sentenced to suffer the penalt% of Reclusion #erpetua- #ursuant to Section 13 ;par- 2= of Rule 12 of the Revised Rules on !ri"inal #rocedure, let this case $e certified and the entire records thereof $e elevated to the Supre"e !ourt for review- !osts a+ainst the appellant-2 &ccused)appellant filed his $rief raisin+ the followin+ assi+n"ent of errors0 21- The Honora$le Third Division of the !ourt of &ppeals co""itted error in findin+ that accused is +uilt% of less serious ph%sical in,uries suffered $% <elipe Re:uer"e22- The Honora$le Third Division of the !ourt of &ppeals co""itted +rave a$use of discretion in affir"in+ the conviction of accused for the !ri"e of .urder with the use of "otor vehicle-2 In the first assi+ned error, accused)appellant avers that no evidence was presented $% the prosecution to show that the "otorela driven $% <elipe Re:uer"e suffered an% da"a+e as a result of the alle+ed $u"pin+&ppellant ar+ues that the "otorela turned on its left side in a reverse direction $ecause of the act of <elipe who was not a$le to $alance the "otorela when the deceased &chu"$re ,u"ped out fro" the rear- &ppellant contends that he could not $e +uilt% of an% ph%sical in,uries suffered $% the spouses Re:uer"e $ecause the direct cause of the "otorela turnin+ on its left side was the act of <elipe in +uidin+ the vehicle while the proCi"ate cause is the thrust which resulted when &chu"$re suddenl% ,u"ped out of the "otorela- Spped The ar+u"ent is devoid of "erit- The defense disre+ards the $asic rule in cri"inal law that a person is responsi$le for all the conse:uences of his unlawful or wron+ful act althou+h such conse:uences were different fro" those which he ori+inall% intended-'>( *ven if it $e assu"ed that the real intention of accused)appellant was to surrender the victi" to the police for "aulin+ hi", his act of pursuin+ the victi", who was a passen+er of the "otorela, resulted in the in,uries of the driver and the other passen+er of the "otorela- &ppellant hi"self testified '3( that when he followed the "otorela, he was 2ver% near2'14( and that he saw the deceased &chu"$re ,u"p out on the ri+ht side of the "otorela $ut he went aheadJ he alle+edl% 2tried to evade, $ut he was so near-2'11(?pon seein+ that &chu"$re was tr%in+ to ,u"p out of the "otorela, accused)appellant should have 6nown that $% closel% followin+, pushin+ and $u"pin+ the "otorela, he could in,ure the passen+ers, which is what happened in this case- .oreover, accused) appellant i+nored the pleas of Rosita Re:uer"e, the other passen+er and

wife of the driver of the "otorela, for hi" to stop $u"pin+ and pushin+ the "otorela-'12( Instead, he persisted resultin+ in the "otorela turnin+ on its side and in the opposite direction- Veril%, the act of accused)appellant in relentlessl% pursuin+ the "otorela is a "anifestation of his intention to perpetrate the cri"e&ppellant further contends that he did not intentionall% choose the "otor vehicle he was drivin+ as a "eans of co""ittin+ the offense, and that at "ost, the vehicle was the onl% availa$le "eans to stop the deceased fro" escapin+- He ar+ues that it was his intention to apprehend and surrender the deceased to the police for his previous act of "aulin+ hi" $ut in the process, he 6illed the deceased- .isspped The indict"ent a+ainst accused)appellant is "urder attended $% the use of "otor vehicle- The use of a "otor vehicle :ualifies the 6illin+ to "urder if the sa"e was perpetrated $% "eans thereof- '13( &ppellant5s clai" that he "erel% used the "otor vehicle, 1ia !eres van, to stop the victi" fro" escapin+ is $elied $% his actuations- 7% his own ad"ission, he testified that there was a police "o$ile patrol near the crossin+- '1 ( &ccused)appellant could have easil% sou+ht the assistance of the police instead of ta6in+ the law into his own hands- .oreover, accused)appellant alread% noticed the deceased tr%in+ to ,u"p out of the "otorela '1E( $ut he still continued his pursuit- He did not stop the vehicle after hittin+ the deceased '1D( who was hit when he ;&chu"$re= was at the railin+ of the .arcos $rid+e- '19( &ccused)appellant further used the vehicle in his atte"pt to escape- He was alread% "ore than one ;1= 6ilo"eter awa% fro" the place of the incident that he stopped his vehicle upon seein+ the police "o$ile patrol which was followin+ hi"-'1>( &ppellant contends that he should have $een convicted of the cri"e of ho"icide with two ;2= "iti+atin+ circu"stances of actin+ in passion and voluntar% surrenderJ and had the char+e $een ho"icide he could have pleaded +uilt%- 8e find that these "iti+atin+ circu"stances cannot $e appreciated in his favor- &ccused)appellant was alle+edl% 2still ver% an+r%2'13( while he was followin+, $u"pin+ and pushin+ the "otorela which was in front of hi"- He was previousl% "auled $% the deceased and he was alle+edl% rendered unconscious $% the $lows inflicted on hi"- 8hen he re+ained consciousness, he clai"s that he wanted to loo6 for a police"an to report that he was "auled-'24( !learl%, accused)appellant5s state of "ind after he was "auled and $efore he crushed &chu"$re to death was such that he was still a$le to act reasona$l%- In fact, he ad"itted havin+ seen a police "o$ile patrol near$% $ut instead, he chose to resort to the dastardl% act which resulted in the death of &chu"$re and in the in,uries of the spouses Re:uer"e- <or passion to $e considered as a "iti+atin+ circu"stance, facts "ust $e proved to show causes sufficient to produce loss of self)control and to overco"e reason-'21( The tur"oil and unreason which naturall% result fro" a :uarrel or fi+ht should not $e confused with the senti"ent or eCcite"ent in

the "ind of a person in,ured or offended to such a de+ree as to deprive hi" of his sanit% and self)control-'22( The "iti+atin+ circu"stance of voluntar% surrender cannot $e appreciated*vidence shows that accused)appellant was further pursued $% the police&ppellant hi"self testified that he stopped his vehicle ,ust after the police "o$ile stopped $ut ad"itted havin+ 2stopped farther than the police "o$ile2-'23( S#O3 !atiil further testified that appellant did not surrender $ut onl% stopped his vehicle when its ri+ht tire was alread% flat- '2 ( His testi"on% was corro$orated $% #O3 .a6ilin+ who was patrollin+ the portion of .arcos 7rid+e- He testified that he saw the vehicle $ein+ driven $% accused) appellant alread% destro%ed and the ri+ht portion of the vehicle a little $it lower as it was runnin+ flat-'2E( !learl%, accused)appellant could have eluded arrest $ut his situation $eca"e futile when his vehicle suffered a flat tire- .issc The fore+oin+ notwithstandin+, the eCistence or non)eCistence of a "iti+atin+ circu"stance in the case at $ar will not affect the penalt% to $e i"posed pursuant to &rticle D3 of the Revised #enal !ode- The cri"e co""itted $% accused)appellant is the co"pleC cri"e of "urder with less serious ph%sical in,uries- ?nder &rticle > of the Revised #enal !ode, the penalt% for a co"pleC cri"e shall $e the "aCi"u" period of the penalt% for the "ost serious cri"e- The cri"e was co""itted in 1332 where the penalt% for the cri"e of "urder, which is the "ost serious cri"e, was reclusion temporal in its "aCi"u" period to death under &rticle 2 > of the Revised #enal !ode- The death penalt% $ein+ the "aCi"u" period of the penalt% for "urder should $e i"posed for the co"pleC cri"e of "urder with less serious ph%sical in,uries considerin+ that under &rticle D3, an indivisi$le penalt% cannot $e affected $% the presence of an% "iti+atin+ or a++ravatin+ circu"stance-'2D(&nd, consonant with the rulin+ in #eople vs- .uMoA '29( that &rticle III, Section 13 ;1= of the 13>9 !onstitution '2>( did not chan+e the period of the penalt% for "urder eCcept onl% insofar as it prohi$its the i"position of the death penalt% and reduces it to reclusion perpetua, the !ourt of &ppeals was correct in i"posin+ the penalt% of reclusion perpetuaThere is a need to "odif% the award of da"a+es to the heirs of the victi" &chu"$re- 8e affir" the award of #E4,444-44 as civil inde"nit% for death to the heirs of the deceased &chu"$re- There is, however, no ,ustification for the award of eCe"plar% da"a+es there $ein+ no a++ravatin+ circu"stanceJ '23( hence, the sa"e should $e deleted&nent the award of "oral da"a+es, his widow testified that she was sad and worried for the children and their future and that there were ni+hts that she cannot sleep-'34( The award of "oral da"a+es in favor of the heirs of the deceased &chu"$re is in order, however, the a"ount should $e reduced to #E4,444-44 in li+ht of the purpose for "a6in+ such award, which is to

co"pensate the heirs for in,uries to their feelin+s and not to enrich the"'31( Sc"is &s to the award of actual da"a+es, the sa"e cannot $e $ased on the alle+ation of a witness without an% co"petent docu"ent to support such clai"-'32( #roof is re:uired to $e ade:uatel% supported $% receipts- '33( The a"ount of #23,444-44 awarded $% the trial court as funeral eCpenses should $e reduced- @eor+ita &chu"$re, widow of the deceased)victi", testified that she spent#9,444-44 for e"$al"in+ and funeral corte+e as evidenced $% a receipt issued $% the @reen Hills .e"orial Ho"es which is "ar6ed as *Chi$it 2H2'3 ( and another #3,344-44 as intern"ent fee as shown in the receipt issued $% the Divine Shepherd .e"orial @ardens, Inc- which is "ar6ed as *Chi$it 2I2-'3E( She also spent 2a$out #E,444-44 or "ore2 for a one ;1= wee6 vi+il, $ut no receipt was presentedJ '3D( hence, the sa"e cannot $e included in the award for actual da"a+es-'39( & part% is entitled to co"pensation onl% for such pecuniar% loss suffered $% hi" as he has dul% proved- '3>( The a"ount of 2not less than #2,444-442 alle+edl% spent durin+ the 4th da% '33( cannot li6ewise $e considered as the sa"e was incurred after a considera$le lapse of ti"e fro" the $urial of the victi"- ' 4( Hence, onl% the total a"ount of #1D,344-44 as actual da"a+es should $e awarded to the heirs of the deceasedThe lower courts failed to consider the fact that under &rticle 224D of the !ivil !ode, in addition to civil inde"nit% of #E4,444-44 for the death of the victi", the accused)appellant is lia$le for the loss of earnin+ capacit% of the deceased and such inde"nit% should $e paid to the heirs of the latter- The widow of deceased &chu"$re testified that $efore her hus$and died, he was wor6in+ with @ L # 7uilders as a licensed civil en+ineer receivin+ salar% and other incentives in the a"ount of 2"ore or less, a total of #14,444-44 a "onth2 or a +ross annual inco"e of #124,444-44- The% had five ;E= children' 1( &t the ti"e &chu"$re died, he was 3> %ears old- ' 2( The deceased5s loss of earnin+ capacit% is co"puted as follows0 Bosp)ped net earnin+ capacit% ;C= O life eCpectanc% H C +ross annualless inco"e ;@&I= eCpenses of @&I= ;@&I ) E4N of @&I= livin+ ;E4N

2 ;>4 ) a+e at ti"e of H death C 3 H 2 3 ;>4 ) 3>= C C

;#124,444-44) # D4,444-44= # D4,444-44

H 2>

H # 1,D>4,444-44 #ursuant to &rticle 2242 of the !ivil !ode, accused)appellant is lia$le for all da"a+es which are the natural and pro$a$le conse:uences of the act or o"ission co"plained of- .oral da"a+es are recovera$le since the cri"inal offense resulted in ph%sical in,uries ' 3( of the spouses Re:uer"e- The total a"ount of #24,444-44 as "oral da"a+es in favor of the spouses Re:uer"e is $elieved to $e reasona$le&nent the a"ount of #1,444-44 representin+ "edical eCpenses awarded to the spouses <elipe and Rosita Re:uer"e, the prosecution presented the doctor5s prescription "ar6ed as *Chi$its 272 to 27)32 ' ( $ut no receipts were presented- .edical eCpenses are in the nature of actual da"a+es which should $e dul% proved and the award for actual da"a+es cannot $e "ade on the $asis of the doctor5s prescriptions alone- There "ust $e evidence of the actual a"ount thereof- /i6ewise the award of eCe"plar% da"a+es to the spouses Re:uer"e should $e deleted for lac6 of $asis%HEREFORE, the decision convictin+ accused)appellant Thadeos *n+uito of the co"pleC cri"e of .urder with /ess Serious #h%sical In,uries and sentencin+ hi" to the penalt% of reclusion perpetua is here$% &<<IR.*D with the .ODI<I!&TION that accused)appellant is ordered to pa% the heirs of deceased 8ilfredo &chu"$re the a"ount of #E4,444-44 as civil inde"nit%J#1,D>4,444-44 for loss of earnin+ capacit%J # 1D,344-44 as actual da"a+esJ # E4,444-44 as "oral da"a+esJ and to further pa% the spouses <elipe and Rosita Re:uer"e the a"ount of#24,444-44 as "oral da"a+esSO ORDERED. Spp)ed,o