Case Digest (G.R. No. 120160)
Facts:
The People of the Philippines v. Rodolfo Atrejenio y Libanan, G.R. No. 120160, July 13, 1999, Supreme Court Second Division, Mendoza, J., writing for the Court.The case arose from an information charging Rodolfo Atrejenio y Libanan (accused-appellant) with murder for having, on or about July 27, 1986 in Tondo, Manila, shot and killed Bonifacio Olino y Jose with a gun. The Regional Trial Court (RTC) of Manila, Branch 12, conducted a trial where the accused pleaded not guilty.
The prosecution presented two eyewitnesses—Lito J. Olino (the victim’s first cousin) and Leonito Toltol—and three other witnesses: Dr. Marcial G. Cenido (medico-legal officer), Patrolman Salvador C. Fradejas (investigator), and Ernie R. Magtibay (NBI ballistician). Lito and Toltol described seeing the accused take cover near a culvert and, when the victim drew within about five arm lengths, fire a .38-caliber revolver at the victim. As the victim fell, he purportedly told Lito that his “enemy,” the accused, shot him. Dr. Cenido performed the autopsy and documented a fatal gunshot wound to the left anterior thorax and recovery of a round pellet; he opined the trajectory and other facts were consistent with a right-handed assailant standing slightly left-anterior to the victim. Patrolman Fradejas testified regarding the police investigation, the identification of the accused at his house, and that the accused allegedly made an oral admission; Lito accompanied the police and made an identifying statement. Ballistic evidence supported that a pellet could be fired from a .38 caliber round.
The defense offered the accused’s testimony and three alibi witnesses—Eduardo Viojan, Alfredo Ramirez, and the accused himself—who said the accused was in front of his house talking with friends when a gunshot sounded and that he had no gun. The accused submitted a sketch purporting to show the relative locations of Liwayway and Osmena Streets.
On April 7, 1994, the RTC convicted the accused of murder and sentenced him to reclusion perpetua and ordered indemnity of P50,000 to the heirs of the victim. The trial court had disregarded testimony that the ac...(Subscriber-Only)
Issues:
- Was the alleged confession of the accused admissible against him despite the absence of compliance with Article III, Section 12(1) of the Constitution?
- Was the victim’s statement identifying his assailant admissible as a dying declaration under the rules of evidence?
- Did the evidence, including eyewitness identification and forensic findings, establish the accused’s guilt beyond reasonable doubt?
- Were the qualifying circumstances of treachery or evident premeditation present to elevate the killing to murder?
- Was the accused’s alibi sufficient to create reasonable doubt? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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