Petitioner
People
Respondent
Lumintigar
Citation
G.R. No. 132557
Court
Supreme Court
Division
First Division
Ponente
Ynares-Santiago, J.
Decided
January 15, 2002

Summary

This criminal case involves the fatal stabbing of Francisco Cabral by Rolando Lumintigar during a drinking session on October 5, 1996 in Valenzuela, Metro Manila. After a heated argument over payment for beer, accused left but returned and stabbed the victim three times with a chisel. The Regional Trial Court convicted accused of Murder with treachery, imposing reclusion perpetua. On appeal, the Supreme Court affirmed the conviction but modified it to Homicide, finding that treachery could not be appreciated since the attack was preceded by an argument that warned the victim of possible danger. The Court reduced the penalty to an indeterminate sentence of 8 years and 1 day to 17 years and 4 months, while maintaining the civil damages of P50,000.00 death indemnity and P39,000.00 funeral expenses.

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By the Intellegal Editorial Board · January 15, 2002

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