Case Digest (G.R. No. 216056)
Facts:
People of the Philippines v. Roberto Bernardo y Fernandez, G.R. No. 216056, December 02, 2020, Supreme Court First Division, Zalameda, J., writing for the Court.The People of the Philippines (plaintiff-appellee) charged Roberto Bernardo y Fernandez (accused-appellant) by an Information dated 26 July 2001 with murder under Article 248 of the Revised Penal Code, as amended by Section 6 of Republic Act No. 7659; the Information alleged that on or about May 25, 2001 in Solana, Cagayan, the accused, armed with a gun, with intent to kill, with evident premeditation and treachery, shot and killed Roger Arquero, and that the accused used an unlicensed firearm. At arraignment on 06 February 2002 the accused pleaded not guilty.
At trial the prosecution presented eyewitness testimony from Rolando Licupa who said the accused suddenly appeared from a hilly portion of a ricefield and shot the victim; Licupa prepared a sketch showing positions. The victim, Roger Arquero, allegedly told his wife before being taken to the hospital that the accused shot him; Arquero died the same day from multiple gunshot wounds (nine in all). The medico-legal officer testified to wounds perforating intestines, colon, and bladder. A certification from the PNP Firearms and Explosive Division established the accused had no firearm license.
The accused testified he was at home when he and his family were allegedly fired upon by a group including the victim and that his assailants, not he, fired the shots; he claimed Licupa shot the victim and that he reported the matter to police. Trial evidence did not include receipts for funeral expenses.
In a Decision dated 24 May 2010, the Regional Trial Court (RTC) convicted the accused of murder and sentenced him to reclusion perpetua without possibility of parole, and ordered various damages. On appeal, the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 04486 issued its Decision dated 20 May 2014 affirming the RTC in toto, giving credence to Licupa’s testimony and the victim’s statement to his wife and noting treachery and the use of an unlicensed firearm.
The accused elevated...(Subscriber-Only)
Issues:
- Did the accused waive his right to challenge the sufficiency of the Information’s allegations of qualifying and aggravating circumstances by failing to file a motion to quash or bill of particulars before arraignment and by participating in trial?
- Did the prosecution sufficiently prove that the accused killed Roger Arquero with the qualifying circumstance of treachery and the special aggravating circumstance of use of an unlicensed firearm (including the admissibility and weight of the victim’s dying declaration and the effect of multiple gunshot wounds)?
- Were the penalty and damages imposed by the trial court proper, or shou...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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