G.R. No. 245461 - Dakak Beach Resort Corporation and Romeo G. Jalosjos vs. Spouses Jose Ma. M. Mendezona and Pilar L. Mendezona

On December 16, 1995 at about 9:00 PM, Enrico Villanueva, Jr. and friends were seated in petitioner Nelson Lai’s passenger jeepney parked at Pala-pala, Barangay 6, Bacolod City, waiting for a female friend.
Lai suddenly ordered them to alight, grabbed Villanueva by the left arm, and accused him of stealing the vehicle’s antenna. The victim freed himself, ran to a nearby house for refuge, then proceeded to a benefit dancehall at around 11:00 PM.
At the dancehall, a brownout occurred. Immediately after lights went out, a spark and a gunshot were heard; Villanueva was hit in the neck. He identified Lai as his shooter before losing consciousness.

In RTC Branch 42, Judge Fernando R. Elumba convicted Lai of homicide under Article 249 of the Revised Penal Code, sentencing him to 8 years+1 day to 14 years, 8 months+1 day of prison mayor/reclusion temporal and ordering ₱50,000 indemnity to the heirs.
On May 27, 2005, the Court of Appeals in CA-G.R. CR H.C. No. 00390 affirmed the RTC decision in toto.
Lai elevated the case to the Supreme Court, raising, inter alia, the non-disqualification of Judge Elumba (formerly public prosecutor) and evidentiary issues (dying declaration, motive, alibi, paraffin test).

Whether Judge Elumba was compulsorily disqualified from trying the case by reason of his prior service as public prosecutor, thus violating Lai’s right to due process.
Whether the lower courts erred in giving full credence to the victim’s dying declaration and in discounting the alibi and negative paraffin test to the extent of creating reasonable doubt.
Whether Lai was deprived of due process by (a) having the trial judge refuse to disqualify himself despite prior prosecutorial role and (b) the CA’s failure to consider his motion for reconsideration and motion for new trial.