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PEOPLE v. BONIFACIO BADRIAGO

This case has been cited 5 times or more.

	GR No. 198400 2013-10-07	FE ABELLA Y PERPETUA v. PEOPLE REYES, J.
To successfully prosecute the crime of homicide, the following elements must be proved beyond reasonable doubt: (1) that a person was killed; (2) that the accused killed that person without any justifying circumstance; (3) that the accused had the intention to kill, which is presumed; and (4) that the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Moreover, the offender is said to have performed all the acts of execution if the wound inflicted on the victim is mortal and could cause the death of the victim without medical intervention or attendance.[45]
	GR No. 181204 2011-11-28	PEOPLE v. EDGAR CONCILLADO DEL CASTILLO, J.
In order to determine the appropriate penalty, we must first assess whether the courts below properly appreciated Edgar's voluntary surrender. "For the mitigating circumstance of voluntary surrender to be appreciated, the surrender must be spontaneous and in a manner that shows that the accused made an unconditional surrender to the authorities, either based on recognition of guilt or from the desire to save the authorities from the trouble and expenses that would be involved in the accused's search and capture. Moreover, it is imperative that the accused was not actually arrested, the surrender is before a person in authority or an agent of a person in authority, and the surrender was voluntary."[124]
	GR No. 182551 2011-07-27	PEOPLE v. ROSENDO REBUCAN Y LAMSIN LEONARDO-DE CASTRO, J.
According to Article 248[45] of the Revised Penal Code, as amended, any person who shall kill another shall be guilty of murder if the same was committed with the attendant circumstance of treachery, among other things, and that the situation does not fall within the provisions of Article 246.[46] There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.[47] The essence of treachery is a deliberate and sudden attack, offering an unarmed and unsuspecting victim no chance to resist or to escape. There is treachery even if the attack is frontal if it is sudden and unexpected, with the victims having no opportunity to repel it or defend themselves, for what is decisive in treachery is that the execution of the attack made it impossible for the victims to defend themselves or to retaliate.[48]
	GR No. 189834 2011-03-30	PEOPLE v. JAY MANDY MAGLIAN Y REYES VELASCO JR., J.
The Revised Penal Code provides under Article 13(3) the mitigating circumstance that the offender had no intention to commit so grave a wrong as that committed. We held, "This mitigating circumstance addresses itself to the intention of the offender at the particular moment when the offender executes or commits the criminal act."[16] We also held, "This mitigating circumstance is obtaining when there is a notable disparity between the means employed by the accused to commit a wrong and the resulting crime committed. The intention of the accused at the time of the commission of the crime is manifested from the weapon used, the mode of attack employed and the injury sustained by the victim."[17]
	GR No. 181247 2010-03-19	PEOPLE v. RICHARD NAPALIT Y DE GUZMAN DEL CASTILLO, J.
Anent the award of damages, we note that the appellate court awarded only the amounts of P50,000.00 as civil indemnity and P33,693.55 as actual damages. In line with prevailing jurisprudence,[26] we also award the amount of P50,000.00 as moral damages. Further, we also award the amount of P25,000.00 as exemplary damages pursuant to our ruling in People v. Angeles[27] where we held that "under Article 2230 of the Civil Code, exemplary damages may be awarded in criminal cases when the crime was committed with one or more aggravating circumstances, in this case, treachery. This is intended to serve as deterrent to serious wrongdoings and as vindication of undue sufferings and wanton invasion of the rights of an injured, or as a punishment for those guilty of outrageous conduct. The imposition of exemplary damages is also justified under Article 2229 of the Civil Code in order to set an example for the public good."