Case Digest (G.R. No. 117954)
Facts:
People of the Philippines v. Orlando Acuram, G.R. No. 117954, April 27, 2000, the Supreme Court Second Division, Quisumbing, J., writing for the Court. The case is an appeal from the judgment of the Regional Trial Court (RTC) of Cagayan de Oro City, Branch 22, in Criminal Case No. 91-1161.The prosecution, through Assistant Provincial Prosecutor Benber Apepe, charged Orlando Acuram on September 30, 1991 with murder allegedly committed on June 29, 1991 at about 7:00 p.m. at Poblacion, El Salvador, Misamis Oriental. The information alleged that while the victim, Rolando (corrected from Orlando) Manabat, was standing at the highway waiting for a ride, appellant shot him with his armalite rifle, wounding the right leg/thigh; the victim subsequently died the following day. The information cited Article 248, paragraph 1, of the Revised Penal Code.
The factual narrative developed at trial: Rolando Manabat and companions flagged a passing jeepney; an exchange of angry words occurred between the victim and the jeepney passengers; two gunshots were heard and sparks were seen from the jeepney's front right side; the jeepney then sped away. Rolando was taken to Cagayan de Oro Medical Center and later transferred to Northern Mindanao Regional Hospital, where Dr. Ismael Naypa, Jr. operated for a major leg wound; Rolando died the next morning from massive blood loss secondary to gunshot wounds. Dr. Naypa testified there was a single projectile entering the front of the right knee and exiting the back, producing two wounds.
Police investigation located appellant among the jeepney passengers, seated at the front right and the only passenger carrying a firearm — an issued armalite rifle. Empty armalite shells were recovered at the scene. Appellant, a policeman assigned to the 421st PNP Company, was restricted to camp pending investigation, later surrendered by his commanding officer pursuant to an arrest warrant, suspended from the service, and detained at the provincial jail. At trial appellant admitted being aboard the jeepney and possessing a rifle but denied firing it, claiming the rifle was wrapped and locked and that he was sandwiched between the driver and another passenger.
The RTC found appellant guilty of murder with treachery and sentenced him to reclusion perpetua and to indemnify the heirs P50,000. Appellant appealed, raising (1) that he did not flee and was entitled to voluntary surrender as mitigation; (2) ...(Pro-only)
Issues:
- Was appellant entitled to the mitigating circumstance of voluntary surrender?
- Was the killing attended by the qualifying circumstance of treachery?
- Did the prosecution present sufficient evidence to prove appellant was the perpetrator despite lack of positive eyewitness identification and absence of paraffin/ballistic tests?
- Did alleged delay or inadequacy in medical treatment constitute an efficient intervening cause absolvi...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)