This case has been cited 2 times or more.
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2003-06-27 |
CALLEJO, SR., J. |
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| The aggravating circumstance of abuse of superior strength is absorbed by treachery.[43] There is no mitigating circumstance that attended the commission of the felony. The penalty for murder under Article 248 of the Revised Penal Code is reclusion perpetua to death. Since no aggravating and mitigating circumstances attended the commission of the crime, the proper penalty is reclusion perpetua, conformably to Article 63 of the Revised Penal Code. | |||||
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2003-01-28 |
CALLEJO, SR., J. |
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| We agree with the trial court that in Criminal Case No. 8200, Rafael is guilty of murder. This is so because at the time Mark Joseph was killed by Rafael, the victim was only an infant, about four to eight months old. It is evident that Mark Joseph was helpless and could not be expected to defend himself.[29] Well-settled is the rule that the killing by adults of minor children aged up to thirteen years old is treacherous because they could not be expected to put up a defense even if the method of attack is not shown.[30] Although the prosecution failed to adduce in evidence the certificate of birth or any authentic documents to prove the precise age of Mark Joseph when he was killed; nonetheless, Dr. Gilbert Embuscado stated in his medico legal report[31] that when he performed his autopsy on Mark Joseph, he saw that Mark Joseph was about four months old. When he testified, the doctor declared that when he examined the minor before performing an autopsy, he saw that the victim was between four to eight months old: "Q: And may you inform the Court what is the name of the third victim that was supplied to you as per information given to you? A: Mark Joseph Bulaclac, sir. | |||||