People vs. Pentecostes (2017)

PEOPLE OF THE PHILIPPINES vs. LIBERATO PENTECOSTES

G.R. No. 226158, November 8, 2017 

CAGUIOA, J.:

Facts: Accused-appellant was charge with the crime of murder in an Information which alleges that the accused, with treachery, feloniously assault and attack VIVIAN VARGAS Y BRIONES, a 7 year old minor by submerging (drowning) her in water thus causing her instantaneous death.

Liberato, as sole witness for the defense, denied knowing Vivian or any of the children of Angel. He confirmed his presence at the drinking spree and claimed that he went home alone at around 3:00 p.m. He arrived home shortly at around 3:10 p.m.

The RTC and CA found Liberato guilty of the crime of Murder, qualified by treachery. Insisting on his innocence, Liberato makes the claim that the CA erred in convicting him despite the prosecution's failure to establish a motive for the killing.

Issue: Whether or not Liberato is guilty for the crime of murder.

Ruling: Motive is not an essential element of the crime and the absence thereof does not preclude a finding of guilt. What is necessary is the element of intent to kill.

Here, it proved that (1) Liberato was present at the residence of the victim; (2) he left the residence of Vivian after the drinking spree at about 3:00 in the afternoon; (3) Angel sent Vivian to return a chair to Auring Habal also after the drinking spree and she failed to return home; (4) Antonio and Jason both saw Liberato carrying Vivian on his back at around 3:30 or 4:30 in the afternoon at the corn plantation; (5) on the following morning, the lifeless body of Vivian was found in the corn plantation; (6) Antonio and Jason both testified that Liberato, while carrying Vivian on his back, proceeded to the direction of the stream and the creek; (7) the cause of death of Vivian is drowning; (8) Liberato fled while being investigated by the police. Thus, the totality of circumstantial evidence dispels any doubt that Liberato was responsible for the ghastly death of Vivian.

Ration Decidendi: Direct evidence of the commission of a crime is not indispensable to criminal prosecutions; a contrary rule would render convictions virtually impossible.

Gist: This is an Appeal from the Decision of the Court of Appeals, which affirmed the Decision rendered by the RTC of San Jose, Camarines Sur, Branch 58, which found herein accused-appellant Liberato C. Pentecostes guilty of the crime of Murder.