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SUPREME COURT
Manila
FIRST DIVISION
KAPUNAN, J.:
Off-duty policeman SPO3 Jesus Lucilo was walking along
Burgos St., away from the Daraga, Albay Public Market
when a man suddenly walked beside him, pulled a .45
caliber gun from his waist, aimed the gun at the policeman's
right ear and fired. The man who shot Lucilo had three
other companions with him, one of whom shot the fallen
policeman four times as he lay on the ground. After taking
the latter's gun, the man and his companions boarded a
tricycle and fled. 1
The incident was witnessed from a distance of about nine
meters by Nestor Armenta, a 25 year old welder from Pilar,
Sorsogon, who claimed that he knew both the victim and
the man who fired the fatal shot. Armenta identified the
man who fired at the deceased as Elias Lovedioro y Castro,
his nephew (appellant's father was his first cousin) and
alleged that he knew the victim from the fact that the latter
was a resident of Bagumbayan.
Lucilo died on the same day of massive blood loss from
multiple gunshot wounds on the face, the chest, and other
parts of the body. 2 On autopsy, the municipal health officer
established the cause of death as hypovolemic shock. 3
As a result of the killing, the office of the provincial
prosecutor of Albay, on November 6, 1992 filed an
Information charging accused-appellant Elias Lovedioro y
Castro of the crime of Murder under Article 248 of the
Revised Penal Code. The Information reads:
That on or about the 27th day of July, 1992,
at more or less 5:30 o'clock in the
afternoon, at Burgos Street, Municipality of
Daraga, Province of Albay, Philippines, and
within the jurisdiction of this Honorable
Court, the above-named accused, together
with Gilberto Longasa, who is already
charged in Crim. Case No. 5931 before
Present
SO ORDERED.
- versus Padilla, Davide, Jr., Bellosillo and Hermosisima, Jr., JJ.,
concur.
Footnotes
G.R. N
CORON
VELAS
LEONA
DEL C
PEREZ
DECISION
Factual Antecedents
On June 6, 1982, an Information[4] was filed charging Lydia with
Direct Assault with Unintentional Abortion committed as
follows:
That on the 17th day of July, 1981 at around
10:00 oclock in the morning, at Barangay
Nailon, Municipality of Bogo, Province of
Cebu, Philippines, and within the jurisdiction of
this Honorable Court, the above-named
accused, did, then and there, willfully,
unlawfully, and feloniously assault, attack,
employ force and seriously intimidate one
Gemma B. Micarsos a public classroom
teacher of Nailon Elementary School while in
the performance of official duties and functions
as such which acts consequently caused the
unintentional abortion upon the person of the
said Gemma S. Micarsos.
CONTRARY TO LAW.
her hands and kicking her. She was therefore forced to retaliate
by pushing Gemma against the wall.
Ruling of the Regional Trial Court
On October 11, 2002, the trial court rendered a Decision
convicting Lydia of the complex crime of direct assault with
unintentional abortion. The dispositive portion reads:
WHEREFORE, the court finds the accused
LYDIA GELIG, guilty beyond reasonable
doubt of the crime of direct assault with
unintentional abortion, and she is hereby
sentenced to suffer an Indeterminate Penalty of
SIX (6) MONTHS OF ARRESTO MAYOR
AS MINIMUM TO FOUR (4) YEARS, TWO
(2)
MONTHS
OF
PRISION
CORRECCIONAL AS MAXIMUM. She is
likewise ordered to pay the offended party the
amount of Ten Thousand (P10,000.00) Pesos as
actual damages and Fifteen Thousand
(P15,000.00) Pesos for moral damages.
SO ORDERED.[7]
SO ORDERED.[11]
Issues
Still dissatisfied, Lydia filed this petition raising the following as
errors:
1.
The Honorable Court of
Appeals erred in finding that the petitioner is
liable for Slight Physical Injuries pursuant to
Article 266 (1) of the Revised Penal Code and
sentencing her to suffer the penalty
of arresto menor minimum of ten days.
2.
The Honorable Court of
Appeals erred in finding that the petitioner can
be convicted of Slight Physical Injuries under
the information charging her for Direct Assault
with Unintentional Abortion.[12]
Our Ruling
SO ORDERED.