PEOPLE v. ENDAYA, JR, G.R. No. 225745 | 2018 - Synopsis only
G.R. No. 225745, February 28, 2018
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
v.
ARSENIO ENDAYA, JR. Y PEREZ, Accused-Appellants.
Ponente: MARTIRES, J.:
Ponente: MARTIRES, J.:
Full Text:
Doctrine:
It is elementary that unlawful aggression on the part of the victim is the primordial consideration in self-defense. Absent this element, there could be no self-defense, whether complete or incomplete. For unlawful aggression to be appreciated there must be an actual, sudden and unexpected attack or imminent danger thereof, not merely a threatening or intimidating attitude.
Synopsis:
The case of People of the Philippines versus Arsenio Endaya, Jr. y Perez was heard by the Third Division of the Supreme Court on February 28, 2018. Arsenio Endaya, Jr. was accused of parricide and murder, after allegedly killing his wife Jocelyn Quita-Endaya and his mother-in-law, Marietta Bukal-Quita. The prosecution presented witness Jennifer de Torres, who stated that he heard Jocelyn shouting for help and witnessed Arsenio stabbing her twice with a bladed weapon. Jennifer then saw Arsenio stab Mariette once before the accused fled the scene. Both victims were pronounced dead upon arrival at the hospital.
Arsenio admitted to the killings but invoked self-defense. He claimed that he had an argument with Jocelyn when Jennifer suddenly arrived and hacked him several times on different parts of his body. To defend himself, Arsenio got hold of a knife and tried to stab Jennifer more than once. However, he mistakenly stabbed Jocelyn instead because it was dark and his eyes were oozing with blood. He also claimed that he mistakenly stabbed Marietta instead of Jennifer because she blocked his way.
The court rejected Arsenio's claim of self-defense, stating that unlawful aggression on the part of the victim is the primordial consideration in self-defense. Absent this element, there could be no self-defense, whether complete or incomplete. In this case, the multiple stab wounds suffered by the victims which caused their death negate Arsenio's claim of self-defense. The wounds demonstrate a criminal mind to end the life of the victims, and his minor injuries suggest that they may have been inflicted by Jocelyn and Marietta who resisted the attacks of their ruthless assailant.
The court also noted that Arsenio failed to sufficiently explain how the victims ended up with four stab wounds each, nor to establish that the means employed by him to repel the alleged unlawful aggression was reasonable and necessary. Assuming arguendo that there was unlawful aggression on the part of De Torres and/or any of the two victims, Arsenio failed to prove that the means he used were reasonable and necessary.
In conclusion, the court ruled that Arsenio Endaya, Jr. was guilty of parricide (In Criminal Case No. RY2K-058) and homicide (In Criminal Case No. RY2K-059). The evidence presented by the prosecution proved beyond reasonable doubt that Arsenio committed the crimes, and his claims of self-defense were not supported by the evidence. The court upheld the decision of the lower court, and Arsenio was sentenced to suffer the penalty of reclusion perpetua for each count of parricide and murder.
Nature of petition:
On appeal is the 24 September 2015 Decision of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05156, which affirmed with modification the 10 December 2010 Decision of the Regional Trial Court, Branch 87, Rosario, Batangas (RTC), in Criminal Case Nos. RY2K-058 and RY2K-059 finding accused-appellant Arsenio Endaya, Jr. y Perez (Endaya) guilty of Parricide and Homicide, respectively.
Dispositive portion:
WHEREFORE, the assailed Decision, dated 24 September 2015, of the Court of Appeals in CA-G.R. CR-HC No. 05156 which affirmed with modifications the 10 December 2010 Decision of the Regional Trial Court, Branch 87, Rosario, Batangas, in Criminal Case Nos. RY2K-058 and RY2K-059, is hereby AFFIRMED with MODIFICATION.
In Criminal Case No. RY2K-058, accused-appellant Arsenio Endaya, Jr. y Perez is found GUILTY beyond reasonable doubt of the crime of Parricide attended by the mitigating circumstance of voluntary surrender. He is hereby sentenced to suffer the penalty of reclusion perpetua with all the accessory penalties imposed by law. He is further ordered to pay the heirs of the deceased Jocelyn Quita-Endaya the following amounts: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages.
In Criminal Case No. RY2K-059, accused-appellant Arsenio Endaya, Jr. y Perez· is found GUILTY beyond reasonable doubt of the crime of Homicide attended with the mitigating circumstance of voluntary surrender.
He is hereby sentenced to suffer the indeterminate penalty of six (6) years and one (1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum. He is ordered to pay the heirs of the deceased Marietta Bukal-Quita the following amounts: (1) 75,000.00, as civil indemnity, and (2) P50,000.00, as moral damages.
Accused-appellant Arsenio Endaya, Jr. y Perez is further ordered to pay the heirs of the victims the stipulated amounts of P80,000.00 as expenses for the wake, funeral, and burial of the two deceased; P350,000.00 for the loss of income of victim Jocelyn Quita-Endaya; and P20,000.00 for the loss of income of Marietta Bukal-Quita.
All monetary awards shall earn interest at the rate of six percent (6%) per annum reckoned from the finality of this decision until their full payment.
In Criminal Case No. RY2K-058, accused-appellant Arsenio Endaya, Jr. y Perez is found GUILTY beyond reasonable doubt of the crime of Parricide attended by the mitigating circumstance of voluntary surrender. He is hereby sentenced to suffer the penalty of reclusion perpetua with all the accessory penalties imposed by law. He is further ordered to pay the heirs of the deceased Jocelyn Quita-Endaya the following amounts: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages.
In Criminal Case No. RY2K-059, accused-appellant Arsenio Endaya, Jr. y Perez· is found GUILTY beyond reasonable doubt of the crime of Homicide attended with the mitigating circumstance of voluntary surrender.
He is hereby sentenced to suffer the indeterminate penalty of six (6) years and one (1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum. He is ordered to pay the heirs of the deceased Marietta Bukal-Quita the following amounts: (1) 75,000.00, as civil indemnity, and (2) P50,000.00, as moral damages.
Accused-appellant Arsenio Endaya, Jr. y Perez is further ordered to pay the heirs of the victims the stipulated amounts of P80,000.00 as expenses for the wake, funeral, and burial of the two deceased; P350,000.00 for the loss of income of victim Jocelyn Quita-Endaya; and P20,000.00 for the loss of income of Marietta Bukal-Quita.
All monetary awards shall earn interest at the rate of six percent (6%) per annum reckoned from the finality of this decision until their full payment.