People vs Ruben Calijan

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People vs Ruben Calijan
G.R. No. 94592
September 28, 1993

Facts:

The evidence for the government tends to establish that at about 4:00 o'clock in the afternoon of 30 June 1989, in Sitio Pinanginan, Barangay Obat, Sta. Catalina, Negros Oriental, Arnolfo Baya was weeding at the sugarcane field. Ruben Calijan, a 39-year old farmer, passed by and persuaded Arnolfo to accompany him to Felipe Nario's place at the "tabuan" (market fair). However, before proceeding, they fetched Fredo Paunillan, another farmer. While at Fredo's place, Ruben met Gerry Camporedondo, took the latter's six-inch hunting knife and tucked it to his waist. Then they all proceeded to Felipe's house where Ruben drank one "lapad" of Anejo rum while Arnolfo imbibed "tuba". Ruben played "hantak" (cara y cruz).

During the court proceedings, Ruben Calijan denied responsibility for the death of Gregorio. He pointed to the brothers Arnolfo and Edwin Baya as the real killers. He testified that at about 10:00 o'clock in the evening of 30 June 1989, after taking "tuba" in the house of Francing Esia, he walked home. As he neared the river separating the house of Gregorio and his, he heard him shouting for help.
Immediately he went to the house of Gregorio and saw Arnolfo and Edwin standing at the front yard looking down at the inert body of Gregorio. When he asked them what happened, they told him to go home as he had nothing to do with the incident, and that Gregorio was a "traitor" because the bamboo he had promised them was sold to another.

Issue:

W/O accused-appellant committed the crime of homicide or murder?

Held:

After a careful assessment of the evidence, we hold that the trial court erred in appreciating treachery and evident premeditation as having qualified the crime to murder. Consequently, the killing of Gregorio Belnas was simple homicide aggravated by scoffing at the corpse and mitigated on the other hand by intoxication that was not habitual.

the Court finds the accused RUBEN CALIJAN Y MAGALSO guilty beyond reasonable doubt of the crime of HOMICIDE, instead of murder, and imposes upon him an indeterminate prison term of eight (8) years, four (4) months and ten (10) days of prision mayor medium, as minimum, to fourteen (14) years, ten (10) months and twenty (20) days of reclusion temporal medium, as maximum.

The accused is further directed to indemnify the heirs of the deceased Gregorio Belnas in the increased amount of P50,000.00.