GIGATARAS, REBIE N.

OLTAA7 – TA180081

G.R. No. 143702, September 13, 2001

THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,
VS.
ZALDY MENDOZA Y SEVILLA, ACCUSED-APPELLANT

Facts:
That on or about the 7th day of July, 1994 in the City of Iloilo, Philippines
and within the jurisdiction of this Court, said accused, armed with a knife,
conspiring and confederating with Marco Aguirre who is still at large, working
together and helping one another, with deliberate intent and with violence
employed upon the person of Hernandez Abatay, that is by stabbing him with the
said knife, with which the accused was armed at the time, did then and there
wilfully, unlawfully and criminally take and carry away with intent to gain one (1)
Seiko Divers wristwatch valued at P300.00 and cash of P15.00 owned by
Hernandez Abatay and as a consequence of the stab wounds suffered by
Hernandez Abatay at the hands of the accused, the said Hernandez Abatay died
a few days thereafter.
Wherefor, the accused Zaldy Mendoza y Sevilla is hereby found guilty
beyond reasonable doubt of the crime of Robbery with Homicide under Article
294 of the Revised Penal Code, as amended nu Republic Act 7659, is hereby
punished with imprisonment of Reclusion Perpetua to Death, to pay the heirs of
the victim P75,000.00 as actual damages and to pay civil indemnity of
P50,000.00.

ISSUE:
THE TRIAL COURT ERRED IN CONVICTING ACCUSED ZALDY
MENDOZA Y SEVILLA OF A CAPITAL OFFENSE ON INSUFFICIENT
EVIDENCE.
GIGATARAS, REBIE N. OLTAA7 – TA180081

RULLING OF THE COURT:

SEC. 2. Form and contents of judgment. The judgment must be written in
the official language, personally and directly prepared by the judge and signed by
him and shall contain clearly and distinctly a statement of the facts proved and
admitted by the accused and the law upon which the judgment is based.

If it is of conviction, the judgment shall state (a) the legal qualification of the
offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending the commission thereof, if there be any; (b)
the participation of the accused in the commission of the offense, whether as
principal, accomplice, or accessory after the fact; (c) the penalty imposed upon
the accused; and (d) the civil liability or damages caused by the wrongful act to
be recovered from the accused by the offended party, if there be any, unless the
enforcement of the civil liability by a separate action has been reserved or
waived.

In case of acquittal, unless there is a clear showing that the act from which the
civil liability might arise did not exist, the judgment shall make a finding on the
civil liability of the accused in favor of the offended party.