Pepe Gumawid @ KAPPIT vs. People of the Philippines,
G.R. No. 248311, March 23, 2022
Facts:
1. Bello, his brother Hayde, and Jamaica attended the wake of one Yolanda Poserio. While thereat, Bello and Hayde played a card game of Lucky 9.
2. After a while, the other players started to accuse Hayde of stealing 300.00 from the money bet; thus, Bello told Hayde that they should go home.
3. When they were about to leave, petitioner punched Bello on his back. At that point, Bello told his daughter Jamaica to leave. Hayde followed Jamaica in going home.
4. After a while, Bello arrived home; but unknown to them, petitioner and Ronaldo followed Bello.
5. From the outside of the house, petitioner shouted: "Alaek diay suklik (I will get my change)."
6. Petitioner and Ronaldo then started throwing stones at the house which prompted Bello to go outside and hit petitioner with a steel pipe. When petitioner fell, Ronaldo held Bello's hands. At that instance, petitioner stood up and stabbed Bello twice. Bello's family thereafter brought him to the hospital; unfortunately, he eventually died.
Issue:
Whether or not petitioner is liable for the crime of homicide.
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Ruling:
Yes. The elements of the crime of Homicide are the following:
a) a person was killed;
b) the accused killed him/her without any justifying circumstance;
c) the accused had the intention to kill, which is presumed; and
d) the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.
In the case, the prosecution was able to establish all of the elements specified above:
a) Bello was killed;
b) the prosecution witnesses positively and categorically identified petitioner as the person who stabbed Bellow death;
c) petitioner had the intention to kill Bello, as shown by the fact that after punching the victim at the wake, he followed him to the latter's house, shouted at him, hurled stones at his house, and stabbed him twice on the left chest;
d) the killing was not attended by any qualifying circumstances of murder, parricide, or infanticide.
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