CASE 2019-0031: PEOPLE OF THE PHILIPPINES VS. NOELLITO DELA CRUZ Y DEPLOMO (G.R. NO. 227997, 16 OCTOBER 2019, ZALAMEDA, R.V., J.) (SUBJECT/S: MURDER; HOMICIDE; INSANITY) (BRIEF TITLE: PEOPLE VS DE LA CRUZ)

 

DISPOSITIVE:

 

“WHEREFORE, the Appeal is hereby PARTIALLY GRANTED. Accused-appellant Noellito Dela Cruz y Deplomo is declared GUILTY beyond reasonable doubt for the crime of HOMICIDE, and is sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prison mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. Further, accused-appellant is ORDERED to indemnify the heirs of Ramir Joseph Eugenio the amounts of Php50,000,00 as civil indemnity, Php50,000.00 as moral damages, and Php50,000.00 as temperate damages. An interest at the rate of six percent (6%) per annum shall be imposed on all damages awarded from the date of the finality of this Decision until fully paid.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

CAN THERE BE TREACHERY WHEN THERE IS NO  PROVOCATION ON THE PART OF THE VICTIM?

 

NO BECAUSE FOR TREACHERY TO BE APPRECIATED THERE MUST NOT BE EVEN THE SLIGHTEST PROVOCATION ON THE PART OF THE VICTIM.

 

DELA CRUZ DOCTRINE 1

 

TO BE EXEMPTED FROM CRIMINAL LIABILITY UNDER A PLEA OF INSANITY WHAT MUST BE SHOWN?

 

THAT ACCUSED WAS COMPLETE DEPRIVED OF INTELLIGENCE AND SUCH COMPLETE DEPRIVATION OF INTELLIGENCE MUST BE MANIFEST AT THE TIME OR IMMEDIATELY BEFORE THE COMMISSION OF THE OFFENSE.

 

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0031-People of the Philippines Vs. Noellito Dela Cruz y Deplomo

 

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