Case Digest (G.R. No. 212848) Core Legal Reasoning
Core Legal Reasoning
Facts:
The case regards Isidro Cosme, Fernan Cosme, and Fred Cosme, petitioners in a criminal matter against the People of the Philippines. The events leading to the case transpired on June 17, 2002, around 7:30 PM, in Barangay Sampaloc, located in the Municipality of Talisay, Batangas Province. They were charged in a trial court for the crimes of Homicide and Frustrated Homicide.In Criminal Case No. 02-10-493, all three accused were charged with the homicide of Antonio Balinado y Almendras (whose real name was revealed to be Florentino Balinado), allegedly committed with unlicensed firearms. According to the prosecution, the accused conspired to kill the victim without any legal justification, leading to his death due to multiple gunshot wounds.
In Criminal Case No. 02-10-494, the same three were accused of attempting to kill Pablito Punzalan using firearms, which resulted in a non-fatal injury that incapacitated him for 14 to 21 days. Upon arraignment, the accused all pleaded not
Case Digest (G.R. No. 212848) Expanded Legal Reasoning
Expanded Legal Reasoning
Facts:
- Parties, proceedings and charges
- Petitioners: Isidro Cosme, Fernan Cosme, and Fred Cosme; Respondent: People of the Philippines. Case elevated to the Supreme Court by Rule 45 petition assailing Court of Appeals Decision dated 29 November 2013 and Resolution dated 5 June 2014 in CA-G.R. CR No. 33692, which affirmed the Regional Trial Court (RTC) Tanauan City, Branch 6 Decision dated 28 July 2010.
- Two Informations filed:
- Criminal Case No. 02-10-493 — Homicide (Art. 249, RPC) for the killing of Antonio Balinado (later shown to be Florentino Balinado) on 17 June 2002 at Barangay Sampaloc, Talisay, Batangas; accused alleged to have been armed with unlicensed long and short firearms, acted in conspiracy, and inflicted fatal gunshot wounds.
- Criminal Case No. 02-10-494 — Frustrated/Attempted Homicide (Art. 249 in relation to Art. 50, RPC) for shooting of Pablito C. Punzalan on same date and place; prosecution alleged accused performed all acts to produce homicide but timely medical attendance prevented death.
- Pretrial events and arraignment
- Upon arraignment, all three accused pleaded not guilty. Joint trial proceeded.
- Trial court granted prosecution’s motion to amend the Information to reflect the decedent’s true name as "Florentino Balinado y Almendras alias Antonio Balinado y Almendras alias Tony."
- Prosecution evidence (six witnesses)
- Pablito Punzalan — eyewitness: recounted seeing an earlier argument between Fernan and Antonio; at scene after hearing a shot he saw Isidro, Fred, Fernan, and Pantaleon Cosme mauling and beating the already bloodied Antonio with their guns; tried to stop them and was shot by Fernan (non-fatal lacerated wound to left occipital area); brought to Daniel O. Mercado Medical Center.
- Lope Punzalan — corroborated gunshots and seeing Antonio with a gunshot wound in the back; while transporting Antonio to hospital, Antonio told Lope he was shot by the Cosmes; executed a sworn statement (later lost).
- SPO2 Esmeraldo S. Manimtim — police investigator: took statement from Antonio at hospital at about 10:00 p.m. on 17 June 2002; Antonio indicated he had gunshot wounds inflicted by "the Cosmes" (identified by the police as Pame/Pantaleon and Edong/Isidro); noted Antonio’s difficulty in speaking due to wounds.
- Dr. Teodoro Cabiscuelas — surgeon: treated Antonio for multiple gunshot wounds (right thorax, lumbar – fatal; right arm – non-fatal); declared unstable; treated Pablito’s non-fatal lacerated wound (14–21 days recovery estimate).
- Pantaleon Balinado — son: testified that at hospital his father identified the shooters as Fernan, Fred, Isidro and Pantaleon Cosme; provided estimate of funeral and medical expenses and wages lost.
- Anastacia Balinado — wife: corroborated that Antonio, while at hospital, referred to his assailants as "apat na mag-aamang Cosme"; testified Antonio died on 20 June 2002 after three days’ confinement.
- Defense evidence (seven witnesses)
- Pantaleon Cosme and Sonora Cosme (children of Isidro) — both testified that Antonio initiated attack: Pantaleon claimed Antonio shot him and he sustained multiple gunshot wounds; Sonora said Antonio shot her (but she survived); both related that at the time of attack their father Isidro was inside the house.
- Isidro Cosme — denied firing any weapon; recounted that Antonio shot his children (Pantaleon and Sonora) and that family thereafter brought the injured to hospital; paraffin (gunpowder) tests on Isidro and sons were negative.
- Fernan Cosme — asserted Antonio shot Pantaleon and Sonora and that he and family rendered aid; denied participation in mauling or firing at Antonio.
- Dr. Raul Desipeda — treated Pantaleon and Sonora at C.P. Reyes Hospital; confirmed multiple gunshot wounds to Pantaleon and through-and-through wound to Sonora.
- PO3 Ernesto Serrano Cabrera, Jr. — denied taking Lope’s statement; claimed he took statements only of Pablito and Sonora as ordered.
- Police Inspector Donna Villa Huelgas — forensic chemist: paraffin tests performed on 19 June 2002 on Isidro, Fernan, Fred and Andres Cosme were negative for gunpowder nitrates.
- Procedural and factual particulars
- Fred Cosme died prior to promulgation of the RTC’s decision; trial court promulgation noted presence of Isidro and Fernan but not Fred.
- RTC Decision dated 28 July 2010 found Isidro, Fernan and Fred guilty of Homicide (Crim. Case No. 02-10-493) and convicted Fernan alone for Attempted Homicide (Crim. Case No. 02-10-494); awarded civil indemnity, moral damages and compensatory damages to heirs.
- Court of Appeals affirmed RTC on findings including adoption of Antonio’s hospital statements as ante-mortem/dying declaration and other statements as res gestae; found conspiracy established and held negative paraffin tests not conclusive.
- On appeal to the Supreme Court, Isidro later died (manifested 11 Jan 2015; death 10 Nov 2014); SC ordered case closed/terminated as to Isidro and Fred due to their deaths.
Issues:
- Primary issue
- Whether petitioners (Isidro, Fernan and Fred) are guilty beyond reasonable doubt of the crimes charged: homicide (Crim. Case No. 02-10-493) and attempted homicide/frustrated homicide (Crim. Case No. 02-10-494).
- Subsidiary evidentiary/factual issues
- Whether the ante-mortem statements of the victim (Antonio/Florentino) and other spontaneous declarations (res gestae) are admissible and entitled to credence.
- Whether conspiracy among the accused was established, making it unnecessary to identify which accused fired the fatal shot(s).
- The probative value of negative paraffin (gunpowder) tests performed on the accused.
- Whether the trial court’s credibility assessments and factual findings were supported by the record and correctly affirmed by the Court of Appeals.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)