G.R. No.

213792               June 22, 2015

GUILLERMO WACOY y BITOL, Petitioner, 

vs.
PEOPLE OF THE PHILIPPINES, Respondent,

DECISION

PERLAS-BERNABE, J.:

Assailed in these consolidated petitions for review on certiorari  are the Decision  dated December 6, 2013 and the
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Resolution  dated July 21, 2014 of the Court of Appeals (CA) in CA-G.R. CR No. 34078, which, inter alia, found
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petitioners Guillermo Wacoy y Bitol (Wacoy) and James Quibac Rafael (Quibac) guilty beyond reasonable doubt
of the crime of Homicide.

The Facts

That on or about the 11th day of April 2004, at Ambongdolan, Municipality of Tublay, Province of Benguet,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring,
confederating and mutually aiding each other, with intent to kill, did then and there willfully, unlawfully and
feloniously attack, assault, maul and kick the stomach of one ELNER ARO y LARUAN, thereby inflicting upon him
blunt traumatic injuries which directly caused his death thereafter.

That the offense committed was attended by the aggravating circumstance of superior strength.

The Issue

Whether or not the CA correctly found Wacoy and Quibac guilty beyond reasonable doubt of the crime of
Homicide.

The Ruling

WHEREFORE, the petition is DENIED. The Decision dated December 6, 2013 and the Resolution dated July 21,
2014 of the Court of Appeals in CA-G.R. CR No. 34078 are hereby AFFIRMED with MODIFICATION. Accordingly,
petitioners Guillermo Wacoy y Bitol and James Quibac y Rafael are found GUILTY beyond reasonable doubt of
the crime of Homicide defined and penalized under Article 249 of the Revised Penal Code with the mitigating
circumstance of lack of intent to commit so grave a wrong under Article 13 (3) of the same Code. They are
sentenced to suffer the penalty of imprisonment for an indeterminate period 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, and ordered
to pay the heirs of Elner Aro the amounts of P25,000.00 as temperate damages, P75,000.00 as civil indemnity ex
delicto, and P75,000.00 as moral damages, all with interest at the rate of six percent (6%) per annum from the
finality of this Decision until fully paid.