PEOPLE OF THE PHILIPPINES, vs. NOEL PAMA.
- G.R. Number: G.R. No. 90297-98
- Promulgated: 1992-12-11
- Ponente: Davide, Jr., J.
Doctrine
An appeal that the Court finds without merit will be dismissed and the trial court's judgment affirmed.
If qualifying circumstances are not proved, an accused cannot be convicted of murder and may be held liable only for homicide.
The Court may, conformably with its policy, increase indemnity awards on appeal to specified amounts (here, P50,000.00 each).
Facts
At about 10:30 P.M. on 2 October 1985, gunshots were fired at the Market Square Building in Iloilo City; three unidentified males fled the scene and police found two men, one dead and one mortally wounded.
An unidentified, wet, partly-clothed man later identified himself as Noel Pama to nearby security guards and claimed he had been robbed and jumped into the river to escape his assailants.
Criminal Case No. 19409 charged the accused with murder for the killing of Joji Nograles; Criminal Case No. 19418 charged him with homicide for the killing of Cesar Habaradas.
The Regional Trial Court convicted the accused of murder in Case No. 19409 and of homicide in Case No. 19418, imposed sentences and ordered payment of expenses and indemnities.
Issues
Whether the appeal from the convictions in Criminal Case Nos. 19409 and 19418 is meritorious.
Whether the conviction in Criminal Case No. 19418 should be for murder rather than homicide.
Whether the indemnity awards should be increased on appeal.
Ruling
The Court held the appeal unmeritorious and affirmed the challenged decisions of Branch 33, Regional Trial Court of Iloilo.
The Court agreed no qualifying circumstances were established in Criminal Case No. 19418; the conviction as homicide stands.
The indemnity was increased to P50,000.00 in each case; costs were ordered against appellant Noel Pama.
Keywords
G.R. Nos. 90297-98, PEOPLE OF THE PHILIPPINES v. NOEL PAMA, Murder, Homicide, Criminal Case No. 19409, Criminal Case No. 19418, conspiracy, evident premeditation, treachery, Regional Trial Court, Information for Murder, Amended Informations, Motion to Consolidate Cases, arraignment, plea of not guilty, separate trial, joint trial, guilty beyond reasonable doubt, reclusion perpetua, Indeterminate Sentence Law