Case Digest (G.R. No. 179535)
Facts:
In Jose Espineli a.k.a. Danilo Espineli v. People of the Philippines (G.R. No. 179535, June 9, 2014), the petitioner, Jose Espineli, was charged with the December 15, 1996, shooting murder of Alberto Berbon y Downie in front of his home in Imus, Cavite. The Regional Trial Court (RTC) of Imus, Cavite, Branch 90, found Espineli guilty of murder on August 31, 1999, sentencing him to reclusion perpetua and awarding civil indemnity, actual and compensatory damages to the victim’s heirs. The Court of Appeals (CA), in its July 6, 2007 Decision (CA-G.R. CR-H.C. No. 02252), modified the RTC ruling by reducing the crime to homicide, imposing an indeterminate penalty of ten (10) years of prision mayor to seventeen (17) years and four (4) months of reclusion temporal, and affirming awards for civil indemnity and damages. Petitioner’s Motion for Reconsideration was denied on September 14, 2007, and he elevated the case to the Supreme Court by Petition for Review on Certiorari. The prosecutioCase Digest (G.R. No. 179535)
Facts:
- Charge and Arraignment
- On December 15, 1996, Alberto Berbon y Downie was fatally shot in front of his house in Imus, Cavite by unidentified assailants who fled in a red car.
- An Information for murder was filed June 24, 1997, against petitioner Jose Espineli a.k.a. Danilo “Dannya” Espineli, alleging conspiracy with Sotero Paredes and others, armed with firearms, using treachery, evident premeditation, and abuse of superior strength.
- Petitioner was arrested July 1, 1997, arraigned July 7, pleaded not guilty, and later filed a demurrer to evidence without court action.
- Prosecution Evidence
- NBI investigation led to the arrest of Romeo Reyes for illegal possession of weapon; on February 10, 1997, Reyes executed a notarized Sinumpaang Salaysay stating he overheard petitioner threaten Berbon and saw petitioner and Paredes armed before boarding a red car. Reyes posted bail February 14 and absconded.
- Victim’s widow Sabina Berbon and her brother testified to Reyes’s financial request and failed return.
- Rodolfo Dayao sold a red 1971 Ford Escort to three persons in September 1996 and later identified the same car in police photographs.
- Dr. Ludivino Lagat’s autopsy report showed multiple gunshot wounds from high-powered firearms.
- Trial and Appellate Proceedings
- August 31, 1999 RTC Imus, Branch 90 convicted petitioner of murder, sentenced to reclusion perpetua, ordered civil indemnity and damages amounting to P210,579.45, and transfer to Muntinlupa.
- Appeal transferred to the CA; July 6, 2007 CA Decision affirmed judgment with modification: reduced conviction to homicide, imposed indeterminate sentence of 10 years prison mayor to 17 years 4 months reclusion temporal, credited preventive detention, costs against petitioner.
- September 14, 2007 CA Resolution denied motion for reconsideration. Petitioner filed Petition for Review on Certiorari before the Supreme Court.
Issues:
- Admissibility of Reyes’s notarized Sinumpaang Salaysay—whether its admission violated the hearsay rule and petitioner’s confrontation right.
- Sufficiency of circumstantial evidence—whether the facts proved constituted an unbroken chain pointing exclusively to petitioner’s guilt.
- Correctness of downgrading murder to homicide—whether aggravating circumstances (abuse of superior strength, nighttime) were proven.
- Proper assessment of civil and moral damages—whether the awards complied with mandatory rules.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)