Title
People vs. Abundo y Calvo
Case
G.R. No. 138233
Decision Date
Jan 18, 2001
Accused Ronil Abundo and Rolando Bolambot convicted of Murder for the 1996 killing of Alberto Martinez and Ramil Eugenio during a robbery. Eyewitness testimony and medical evidence confirmed their guilt; alibis rejected. Supreme Court upheld conviction, citing treachery and credible witness accounts.
murder
robbery with homicide
alibi defense
A

Case Digest (G.R. No. 154917)

Facts:

  • Background of the Case
    • The case involves accused-appellants Ronil Abundo y Calvo and Rolando Bolambot y Velasco, who were charged initially in an Information with the crime of Robbery with Homicide.
    • The additional accused, Brixcio Calvo and Henry Ago, were charged but remained at large.
    • The trial court, a Regional Trial Court in Butuan City, Branch 4, rendered a decision on January 6, 1998, later amended on February 3, 1998, convicting Abundo and Bolambot for the crime of Murder as defined in Article 248 of the Revised Penal Code, qualified by treachery.
  • The Incident and Alleged Crime
    • On or about August 26, 1996, at approximately 2:30 p.m., at Sitio Ampay, San Antonio, in the jurisdiction of Remedios Trinidad Romualdez (RTR), Agusan del Norte, the accused allegedly executed a plan with intent to steal a chainsaw belonging to Alberto Martinez.
    • The information recounts that the accused, armed with a .38 caliber revolver and bladed weapons (daggers/hunting knives), first committed an act of robbery by forcibly taking a chainsaw valued at P34,000.00.
    • In furtherance of the robbery, the assailants attacked the victims, inflicting gunshot and stab wounds on Alberto Martinez and Ramil Eugenio, thereby causing their deaths—a sequence of acts that ultimately led to the conviction for murder, not robbery with homicide.
  • Testimonies and Evidence Presented
    • Eyewitness Testimony of Allan Martinez
      • Allan Martinez was present at the scene when he observed four men approaching Alberto Martinez and Ramil Eugenio, later identifying them as Ronil Abundo, Rolando Bolambot, Brixcio Calvo, and Henry Ago.
      • He testified that at 2:30 p.m., Abundo shouted an order (“Dapa! Taas ang kamot!” or “Drop to the ground! Raise your hands!”) and immediately shot Alberto Martinez, followed by stabbing him.
      • Martínez also observed Bolambot inflicting multiple stab wounds on Ramil Eugenio, corroborated later by a post-mortem report detailing several fatal wounds.
  • Postmortem and Forensic Evidence
    • Dr. Wilfredo Mallonga, the Municipal Health Officer, performed the autopsies, noting that Alberto Martinez sustained both gunshot and stab wounds while Ramil Eugenio received multiple stab wounds—six of which were on his back.
    • The forensic details supported the eyewitness testimony regarding the sequence, type, and direction of the wounds.
  • Corroborative Testimony by Bernarda Martinez
    • The widow of victim Alberto Martinez narrated that after initially learning about the crime from her daughter Cristina, she sought help at the police station and then from the CAFGU, eventually encountering Allan Martinez and the accused Ronil Abundo.
    • Her testimony further confirmed the events of the incident and the identification of the accused.
  • Defense Witnesses and Alibi
    • Accused Ronil Abundo claimed that on the day of the crime he was at the CAFGU detachment in the poblacion of San Antonio from 6:00 a.m. to 4:00 p.m.
    • Accused Bolambot testified that he was engaged in carpentry work at Flora Ago’s residence from 7:00 a.m. to 11:00 a.m. and again from 1:00 p.m. to 4:00 p.m.
    • The defense argued these testimonies established that it was physically impossible for them to be present at the crime scene at the alleged time.
  • Trial Court’s Findings and Subsequent Issues Raised
    • Although the prosecution initially charged the accused with robbery with homicide, the evidence did not conclusively prove that robbery was the principal intent; thus, the crime was classified under murder with the qualifying circumstance of treachery.
    • The trial court found the evidence, particularly the eyewitness accounts, sufficient to positively identify Abundo and Bolambot as the perpetrators despite the defense’s alibi and arguments regarding travel time discrepancies.
    • In its decision, the lower court ordered penalties including imprisonment (from twenty to forty years of reclusion perpetua) and indemnification to the heirs of the victims, as well as additional orders related to burial and funeral expenses.

Issues:

  • Determination of Alibi and Physical Impossibility
    • Whether the defense successfully demonstrated that it was physically impossible for Abundo and Bolambot to be at the scene at 2:30 p.m. because of their alleged attendance at the CAFGU detachment and Floras Ago’s residence respectively.
    • Discrepancies in travel time estimations from Sitio Ampay to the poblacion, challenged by contrasting testimonies regarding time taken for travel.
  • Credibility and Consistency of Eyewitness Testimony
    • The issue of whether Allan Martinez’s identification of the accused is reliable in light of minor inconsistencies and the delayed disclosure of the assailants’ identities.
    • Examination of any potential bias or ulterior motive given his personal relationship with the victim and the accused.
  • Adequacy of Trial Record and Consideration of All Evidence
    • Whether the trial court erred in giving or not giving credence to defense evidence, including the testimony of Flora Ago regarding Bolambot’s whereabouts.
    • The significance of the testimony of Rolando Bolambot, which was inadvertently omitted in the initial decision but later considered in an amended ruling.
  • Procedural Issues Pertaining to Cross-Examination and Due Process
    • Whether the accused-appellants were deprived of their right to effective cross-examination of key prosecution witnesses, specifically concerning time allocation and the scope of questions allowed.
    • The contention that the amendment of the decision to include Bolambot’s testimony constituted a manifest lapse in due process.
  • Sufficiency of Evidence for Conviction
    • Whether the cumulative evidence, particularly the eyewitness identification and forensic findings, was sufficient to convict the accused for murder despite the initial charge of robbery with homicide.
    • How the elements of treachery were established to enhance the classification from homicide to murder.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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