People Vs Clemente Casta y Carolino
People Vs Clemente Casta y Carolino
People Vs Clemente Casta y Carolino
Plaintiff-Appellee
-versus-
Accused-Appellant
Ponente: BRION, J.
This case is an appeal from the Decision of the Court of Appeals (CA)
affirming the Decision of the Regional Trial Court (RTC), Branch 55, Alaminos,
Pangasinan, finding the appellant Clemente Casta y Carolino (appellant)
guilty beyond reasonable doubt of the crime of murder and sentencing him to
suffer the penalty of reclusion perpetua.
The appellant gave a different version of the events which the RTC
summarized as follows:
On re-direct examination, the accused declared that the reason for his
stabbing Danilo Camba was that when they met on the road and Camba was
drunk, without any provocation on his part, Camba positioned to box him so
he drew his knife and stabbed him; that he did not know the reason why
Camba wanted to box him; that at that time, Camba was with one Fedelino
Gatchalian; that he had no previous grudge with Camba because he did not
know him; that he did not see the victim with any weapon and he did not
know if he was armed or not; and that he is bigger than Camba. x x x
The CA, in a decision dated March 10, 2006, affirmed the RTC decision
in toto.
Issue:
Held:
We resolve to deny the appeal but we modify the penalty imposed and
the amount of the awarded indemnities.
In light of the greater penalty that attaches under the amendment, the
previous penalty of reclusion temporal in its maximum period to death will
have to be imposed in order not to run afoul of the constitutional prohibition
against ex post facto laws.
WHEREFORE, in light of all the foregoing, we hereby AFFIRM the March 10,
2006 Decision of the Court of Appeals in CA-G.R. CR-HC
(5) the appellant is ORDERED to PAY the victims heirs the amount of
P25,000.00 as temperate damages.
SO ORDERED.