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G.R. No. 121768
21 July 1997


Domingo Castillo, Jr. (Boyet) and his father Domingo Castillo Sr. (Domingo), the victim in this case, were in the D&G restaurant in Norzagaray, Bulacan drinking beer. After two (2) hours of drinking, a group of noisy customers arrived. Dimongo knew about his son’s propensity to get into fights so he asked Boyet to go home with him. Boyet drove to the direction of their home in Angat, Bulacan. An argument ensued between Boyet and his father, who were both a bit drunk already, because the former kept insisting that he should go back to the restaurant while the latter prevented him from doing so. Boyet abruptly stopped the pick-up upon nearing their house and the victim alighted therefrom. Holding a bottle of beer in his right hand, the victim raised both of his hands, stood in from of the pickup and said, “sige kung gusto mo sagasaan mo ako, hindi ka makakaalis” (go ahead, run over me if you want to leave). Boyet slowly drove the pick-up forward threatening to run over the victim. Domingo exclaimed, “papatayin mob a ako?” (are you going to kill me?). Boyet backed-up almost hitting an owner type jeep parked at the side of the road and on board which were four (4) people conversing with each other, including prosecution eyewitness, Ma. Cecilia Mariano. Then at high speed, Boyet drove the pick-up forward hitting the victim in the process. Not satisfied with what he had done, Boyet put the vehicle in reverse thereby running over the victim a second time. The appellant then alighted from the vehicle and walked towards their house. Arthur Agaran saw the incident and brought the victim to Dolorosa Hospital at Norzagaray where he died. Boyet passed off the death of his father as an accident. However, a suspicion of foul place surfaced when his sister, Leslie C. Padilla, was given different versions of his death. Thus, she fled an information alleging parricide against her brother.

The RTC found Boyet guilty beyond reasonable doubt.


Whether Boyet is guilty of parricide.


YES. The prosecution has successfully established the elements of parricide: (1) the death of the deceased; (2) that he or she was killed by the accused; and (3) that the deceased was a legitimate ascendant or descendant, or the legitimate spouse of the accused.

In criminal negligence, the injury caused to another should be unintentional, it being simply the incident of another act done without malice but with lack of foresight, carelessness, or negligence, and which has harmed society or an individual.

The records are bereft of any evidence that the appellant had tried to avoid hitting the victim who positioned himself in front of the pick-up. On the contrary, Mariano’s testimony is to the effect that prior to actually hitting the victim, the appellant was intimidating him by moving the pick-up forward, thus prompting the victim to exclaim, “papatayin mo ba ako?”. Worse, the appellant back-up to gain momentum, then accelerated at a very fast speed knowing fully well that the vehicle would definitely hit the victim who was still standing in front of the same, A man who had not intended to harm his own father would not walk but more likely run in search of help. Aware of the fact that his father’s life is precariously hanging in the balance, the normal reaction of a child is to waste no time in trying to save his life. The appellant, on the other hand, did not even lift a finger to help his own father whose life he had so brutally taken away. It was Agaran and other workers who, on their own accord, brought the victim to the hospital.

In the light of the foregoing circumstances, the court find it difficult to believe that the appellant did not act with malice.

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