Case Digest (G.R. No. 140538-39)
Case Digest (G.R. No. 140538-39)
Facts:
People of the Philippines v. Godofredo B. Ador and Diosdado B. Ador III, G.R. Nos. 140538-39, June 14, 2004, Supreme Court Second Division, Puno, J., writing for the Court.The prosecution charged six members of the Ador family—Diosdado Sr., Diosdado Jr., Diosdado III, Godofredo, Rosalino and Allan—with the murders of Absalon Abe Cuya III and Rodolfo Ompong Chavez for a March 10, 1997 ambush in Pacol, Naga City; informations were filed on November 12, 1997. Only four (Diosdado Sr., Godofredo, Rosalino and Allan) were initially taken into custody; Diosdado Jr. and Diosdado III remained at large and were later arrested or surrendered. All defendants pleaded not guilty.
The prosecution presented sixteen witnesses including eyewitness Mercy Berina, Pablo Calsis, the medico-legal officer Dr. Joel Jurado, and police and ballistics officers. Eyewitness testimony included a purported dying declaration by Chavez—“tinambangan kami na Ador” (We were ambushed by the Adors)—and Pablo Calsis’ later testimony that he saw several Adors running away from the scene. The police recovered from Godofredo a handgun reportedly found under a coconut trunk; paraffin tests on several Adors yielded positive results for gunpowder nitrates; a deformed .38 slug was later extracted from Cuya’s head and matched to test bullets fired from the gun submitted by the police according to the ballistics examiner, although the examiner ultimately testified the bullets were fired from a .357 Smith & Wesson homemade revolver rather than a .38 revolver.
On May 13, 1998, the trial court granted a demurrer to evidence and dismissed charges as to Diosdado Sr., Rosalino and Allan, but denied the demurrer insofar as Godofredo, whose trial then proceeded. Godofredo testified he found the gun only after it had been discovered by his friend Dominador Bautista and that he had no hand in the killings; Bautista corroborated. Later, Diosdado Jr. was acquitted by the trial court on sufficiency of evidence, while Godofredo and Diosdado III were convicted of two counts of murder and sentenced to reclusion perpetua on August 2, 1999; the trial court awarded indemnities to the heirs. The convictions were appealed—this joint appeal was interposed by Godofredo B. Ador and Diosdado B. Ador III to the Supreme Court.
Issues:
- Were Godofredo’s admissions and the handgun he surrendered admissible despite his custodial status and the absence of counsel?
- Did the circumstantial evidence (eyewitness identification by Pablo Calsis, the surrendered handgun and ballistics, the recovered slug, Chavez’s dying declaration, and paraffin test results) suffice to establish guilt beyond reasonable doubt?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)