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PEOPLE v. NICOLAS BAHENTING

This case has been cited 6 times or more.

	GR No. 140639 2002-09-27	PEOPLE v. JOSEPH BARTOLO YNARES-SANTIAGO, J.
that Teodorico Solano, Jr. was stabbed by "Gerry Bartolo." He went home and found all his children inside the house.[15] Accused Nelson Arroyo died of bronchial asthma during the pendency of the case and the indictment against him was dismissed.[16] On March 30, 1999, the trial court rendered the assailed judgment, the dispositive portion of which reads:
	GR No. 139235 2002-08-07	PEOPLE v. NATHANIEL SURIO KAPUNAN, J.
allegation.[23] After the reception of evidence for both parties, the trial court, on June 28, 1999, rendered a decision convicting accused-appellant and sentencing him as follows:
	GR No. 119621 2000-05-12	PEOPLE v. ROMULO AVILLANA Y CATASCAN PARDO, J.
In this connection, accused-appellant's alibi, though supported by the testimonies of his friends, weakens in the face of positive identification by one credible, unbiased witness.[12] It should be stressed that for the defense of alibi to prosper, the accused must not only prove that he was not at the scene of the crime when it happened but also that it was impossible for him to be there at the time of the commission of the offense.[13] In this case, accused-appellant himself testified that his house and the store where he was supposed to buy his breakfast necessities were just a one (1) kilometer-walking distance away from the Star Elementary School where the victim Andresito was killed.[14] One (1) kilometer is an easily traversible distance which cannot discount accused-appellant's presence at the crime scene and his killing of Andresito.
	GR No. 115687 2000-02-17	PEOPLE v. REYNALDO QUILLOSA Y FORMANES QUISUMBING, J.
As to the crime committed, we find that treachery attended the commission of the offense, hence the crime is murder. For treachery to be present, two conditions must be shown: (1) the employment of means of execution that give the person attacked no opportunity to defend or retaliate; and (2) the deliberate or conscious adoption of the means of execution.[32] In this case, appellant and another person held the hands of the victim to enable their companion to stab him while he was in a defenseless position. While abuse of superior strength was alleged in the Information, it is already absorbed in treachery and need not be appreciated separately.[33] Evident premeditation was not proven by the prosecution.
	GR No. 113940 2000-02-15	PEOPLE v. CIELITO BULURAN Y RAMIREZ QUISUMBING, J.
As to the amount of damages, prevailing jurisprudence sets the indemnity for death in the amount of P50,000.00, which can be awarded without need of further proof other than the death of the victim.[31] The amount of P8,000.00 as actual damages should likewise be affirmed, the wife having presented a receipt (Exhibit "C") to support such claim.[32] In addition, there being one aggravating circumstance, exemplary damages in the amount of P20,000.00[33] may be awarded, pursuant to Article 2230 of the New Civil Code.