Martin John Bocaling

1D

G.R. No. 177218(October 3, 2011)

PEOPLE OF THE PHILIPPINES, Appellee, vs. NOEL T. SALES, Appellant.

Facts:
This appeal seeks the reversal of the December 4, 2006 Decision 1 of the Court of Appeals
(CA) in CA-G.R. CR-H.C. No. 01627 that affirmed the August 3, 2005 Joint Decision 2 of the
Regional Trial Court (RTC),Branch 63 of Calabanga, Camarines Sur in Criminal Case Nos.
RTC’03-782 and RTC’03-789, convicting appellant Noel T. Sales (appellant) of the crimes of
parricide and slight physical injuries, respectively. On September 20 2002 8:00 PM San Vicente,
Tinambac, Camarines Sur Noel T. Sales with evident premeditation and in a fit of anger hit both
his sons Noemar Sales(Noemar) , 9, and Noel Sales Jr.(Junior), 8, with a piece of wood wood,
measuring more or less one meter in length and one [and] a half inches in diameter which
caused mortal wounds that caused death and slight physical injuries respectively. Both are his
Legitimate sons

According to the prosecution the brothers before the incident left their home without
permission to attend our Lady of Penafrancia, Their mother, Maria Sales went looking for them
when the returned their furious father, the appellant, tied them to a tree and beaten them with a
stick while their mother stayed inside the house. After the beating and returning inside the home
both the boys suffered the following injuries Noemar, injured head, injure legs and Junior, injured
right portion of the head,left cheek of buttocks and legs. Noemar collapsed, Maria tried to revive
but claims son was dead. Noemar went to fetch a quack doctor and he advised them to seek
medical help, they waited for a vehicle, but it never arrived bought their son to another quack
doctor and was declared dead. There was a one-night funeral followed by a burial the next day,
the body was never examined by a doctor.

According to the defense before said incident there was 3 cases of similar behavior by
both but they were only scolded not beaten. But In the latest incident the boys stole stole the
pedicab and did not return for several days. When the children returned they where beaten by a
index finger sized wooden stick on the buttocks 3 times but Noel noticed his son(Noemar)
frothing in the mouth he decided to bring him in a Hospital in Naga, according to him while
waiting for a vehicle the victim was showing signs of pain and pointing to his chest. Vehicle never
came and victim died thereafter. Appellant denies son died of beating but of weak heart. The
mother claims son suffers epileptic seizures if hungry or being scolded.

Evidence by the prosecution was sufficient with crime of parricide and slight physical
injury. No premeditation and voluntary surrender, trial court appreciated in his appellant’s favor.
He is Guilty of Parricide, RTC Crim Case 03-782 Reclusion Perpetua with P 50,000 in civil
indemnity, P 50,000 moral damages and P 25,000 exemplary damages and is also guilty of
Slight physical injury,RTC 03789 20 days arresto mayor. The Court of Appeals Affirms
Issues

1. Whether or not the Appellant is Guilty beyond reasonable doubt with the crime of
parricide
2. Whether or not Appellant is guilty of Slight Physical injuries

1.YES, All the Elements of Parricide are present in the case Parricide according to the Article
246 of the Revised Penal Code, 3 elements must be present a person is killed, the deceased is
killed by the accused and the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of
accused. Since there is no doubt to the first element the second element is sufficiently
established by testimonies of the mother and the younger brother. As for the third element the
accused himself claims that the victim is his legitimate son, Maria also testified that Noemar and
Junior ar e both her sons with the appellant.

2.Yes, Junior testified that he and his brother were beaten by their father while they were tied to
a coconut tree. He recalled having been hit on his right eye and right leg and to have been
examined by a physician thereafter the mother corroborated her son’s testimony. Dr. Ursolino
Primavera, Jr. examined him for physical injuries. His findings were (1) muscular contusions with
hematoma on the right side of Junior’s face just below the eye and on both legs, which could
have been caused by hitting said area with a hard object such as a wooden stick and, abrasions
of brownish color circling both wrist with crust formation which could have been sustained by the
patient due to struggling while his hands were tied, A medical certificate was issued containing
the information. According to the physician the healing time will be one to two weeks but if
applied with medication, the injuries would heal in a week.