Cesar Lanot pointed to the accused who is in court and declared that at 12:00 noon of June 20, 1993, while he was at the ground floor of their residence he saw Manuel Lazarte alias Ato being kicked by Lyndon Flores alias Jojo (accused). Ato was then opposite
Rustico Malvar's house lying on the pavement seven arms length from him dead drunk. Thereafter, Ato Lazarte was brought to the hospital.
the accused hit Ato Lazarte at his stomach twice with the use of the right foot with Topsider leather shoes.
Thereafter, Ato Lazarte was brought to the hospital where he died two days after the incident. He even dissuaded Jojo, saying "that is enough... because Manuel will not fight back as he remained lying," thereafter Flores left A to.
Accused-appellant denies having kicked the victim. He asserts that he merely touched, with his right foot, the victim who was lying dead drunk on the pavement to wake him up so that the victim could explain the circumstances of the loss of Emperatriz Lazarte's cassette... recorder. Emperatriz imputed to accused-appellant the loss of her cassette recorder which she eventually found in a pawnshop from where she redeemed it.
Accused-appellant's finally contends that the crime he committed is homicide and not murder.
The evidence clearly establishes the fact that the victim was totally unconscious, dead drunk, lying on the pavement, when accused-appellant administered strong, vicious, and... killing kicks at the belly of the victim.
Unquestionably, the attack was characterized by treachery.
Under Paragraph 1, Article 4 of the Revised Penal Code, criminal liability is incurred by any person committing a felony (delito) although the wrongful act done be different from that which he intended. Thus, anyone who inflicts injuries voluntarily and with intent is... liable for all the consequences of his criminal act, such as death that supervenes as a consequence of the injuries. Here, accused-appellant is liable for the demise of the victim for such was caused by the violent kicks which he inflicted on the vital parts of the... victim's body. And, as earlier discussed, since the assault was qualified by treachery the crime committed is murder and not homicide as suggested by accused-appellant.
WHEREFORE, the decision appealed from is HEREBY AFFIRMED
anyone who inflicts injuries voluntarily and with intent is... liable for all the consequences of his criminal act, such as death that supervenes as a consequence of the injuries.