Case Digest (G. R. No. L-11466)
Facts:
In People of the Philippines v. Alex Abierra (G.R. No. 227504, June 13, 2018), an Information was filed on June 5, 2001 in the Regional Trial Court (RTC) of Pasig City charging Rodolfo Grabador, Jr., Roger Abierra, Dante Abierra, and Alex Abierra with murder under Article 248 of the Revised Penal Code. The accusatory portion alleged that on April 13, 2001 at around 5:30 p.m. in Taguig City, the four, armed with a homemade shotgun, conspired to kill Dennis Sumugat y Gequilapay and, by sudden attack, shot him multiple times, resulting in his death on April 21, 2001. After initial archiving, the case was revived on December 6, 2006 upon Alex’s arrest. At trial, Noel Sumugat, the victim’s brother, testified he saw Alex and the others return with firearms and witnessed Alex fire the fatal shot. Alex denied knowledge of the victim or Rodolfo, asserted he was in Bicol attending his father’s wake on the fatal date, and presented his sister Maribel and neighbor Virgie Naida to corroboratCase Digest (G. R. No. L-11466)
Facts:
- Information and Pretrial
- On June 5, 2001, an Information was filed in Taguig City against Rodolfo Grabador Jr., Roger Abierra, Dante Abierra, and Alex Abierra for the April 13, 2001 killing of Dennis Sumugat, charging murder with treachery and evident premeditation.
- The case was archived pending apprehension of all accused. After Alex’s arrest, the RTC revived the case on December 6, 2006. He was arraigned on March 23, 2004, pleaded not guilty, and trial ensued.
- Shooting Incident and Eyewitness Testimony
- Eyewitness Noel Sumugat testified that at about 4:00 PM on April 13, 2001, Dennis argued with Rodolfo but parted amicably. At around 5:30 PM, Rodolfo returned with Alex, Roger, and Dante, all bearing a homemade shotgun (sumpak). Alex suddenly shot Dennis.
- Noel, situated seven meters away, immediately aided his wounded brother, who underwent surgery at the Philippine General Hospital and died on April 21, 2001 from multiple shotgun wounds.
- Defense and Lower Court Rulings
- Alex denied knowledge of Dennis or Rodolfo, claimed alibi—attending his father’s wake in Bicol with sister Maribel and neighbor Virgie—and insisted he was not in Taguig on April 13, 2001.
- On November 27, 2012, the RTC convicted Alex of murder qualified by treachery and evident premeditation, sentencing him to reclusion perpetua and awarding damages. On November 4, 2015, the CA affirmed the conviction, struck evident premeditation, and adjusted damages (civil indemnity Php 75,000; moral Php 75,000; exemplary Php 30,000; temperate Php 25,000).
Issues:
- Whether the prosecution proved Alex’s guilt beyond reasonable doubt, considering:
- The credibility of eyewitness Noel Sumugat and alleged inconsistencies in his account.
- The validity of Alex’s denial and alibi defense, and the presence of qualifying circumstances (treachery, evident premeditation).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)