Title
People vs. Besonia
Case
G.R. No. 151284-85
Decision Date
Feb 5, 2004
Jonathan Besonia pleaded guilty to murdering Ernesto Nieles and Jerry Sampiano using an unlicensed firearm. The Supreme Court remanded the case, citing insufficient evidence and inadequate defense, emphasizing that a guilty plea alone cannot justify conviction in capital offenses.
murder
death penalty
constitutional rights
A

Case Digest (G.R. No. 151284-85)

Facts:

  • Parties and charges
    • People of the Philippines as appellee and Jonathan Besonia as appellant were criminally charged in two informations docketed as Criminal Cases Nos. 00-52307 and 00-52308 for murder.
    • Upon arraignment on 22 August 2000, Besonia pleaded not guilty to each charge.
  • Pre-trial admissions and early manifestations
    • At pre-trial both prosecution and defense admitted: identities of victims Ernesto Mospa Nieles and Jerry Sampiano and of the accused; date and time of incident (June 27, 2000 at 3:30 p.m.); place of incident (Guzman Street, Mandurriao, Iloilo City); that the weapon used was an unlicensed firearm; and that Sampiano was a construction worker of the accused’s aunt.
    • On 6 March 2001, before trial, Besonia, through counsel Atty. Calixto Perez, manifested he would enter a plea of guilty to the lesser offense of homicide after undergoing gall bladder surgery.
    • The trial court ordered the prosecution to begin presenting its evidence notwithstanding the earlier manifestation.
  • Prosecution evidence presented before plea and at trial
    • Dr. Tito Doromal, medico-legal officer, testified on autopsy of Nieles: two bullet wounds (left side of head and thoraco-abdominal region); two slugs recovered were from a .38 caliber firearm; cause of death was brain laceration and internal hemorrhage secondary to bullet wounds.
    • SPO1 Ricardo Clarete, PNP Firearms and Explosives Division, testified by certification that Besonia was not a licensed or registered holder of a firearm of any kind or caliber.
    • Dr. Agustin P. Vencer testified on injuries to Sampiano: gunshot wounds to right arm extending to right lung and liver; wound to right eye extending to respiratory center of brain; underwent two operations and died on 30 June 2000.
  • Arrest, recovery of firearm, and forensic examination
    • PO3 Efren Feliprada testified he and companions responded to shooting report on June 27, 2000; bystanders identified Besonia as assailant; Besonia boarded a jeep en route to Leon and was chased and apprehended in Barangay Buhay, Alimodian.
    • PO2 Hagmay Dignadice recovered from Besonia’s waist a .38 caliber revolver marked “.38JB” loaded with three live rounds and two empty shells; the firearm was submitted for laboratory examination.
    • PO3 Hilarion Roga, Jr., forensic examiner, performed a test-fire ballistic examination and found the three live ammunition and two empty shells came from the same .38 caliber firearm.
    • PO3 Feliprada identified the firearm examined by PO3 Roga as the same firearm recovered from Besonia.
  • Re-arraignment, plea to murder, and searching inquiry
    • On 29 May 2001 Besonia manifested his desire to enter a plea of guilty to murder; re-arraignment was scheduled and conducted on 5 June 2001.
    • At re-arraignment Besonia pleaded guilty to both informations alleging murder with the qualifying circumstance of evident premeditation and aggravating circumstance of use of an unlicensed firearm.
    • The trial court conducted a searching inquiry into voluntariness and comprehension. In the inquiry Besonia stated he was 28 years old, third year high school, worked as a bodyguard in Mindanao, and was represented by counsel Atty. Calixto Perez.
    • During the inquiry Besonia admitted he shot both victims with a .38 revolver which he claimed to own and which was unlicensed; he admitted he planned the killings “two months” prior and framed his motive as preemptive because they allegedly planned to kill him.
    • Besonia stated he was arrested on June 27, 2000 by PO3 Efren Feliprada and PO2 Hagmay Dignadice and that he did not resist arrest.
    • The trial court informed Besonia of the elements of murder, the possible imposition of the death penalty under R.A. 7659, civil liabilities including death indemnity of not less than P50,000, and that plea to a capital offense required the prosecution to present evidence to prove guilt and degree of culpability.
  • Trial course and omitted eyewitness testimony
    • After the prosecution rested, defense declined to present evidence.
    • The complaint had listed Mildred Besonia, the accused’s aunt, as an eyewitness who executed an affidavit identifying the appellant; the trial court had ordered a subpoena for her to testify on 16 April 2001, but she did not testify thereafter, apparently due to the plea.
  • Trial court judgment
    • On 26 June 200...(Subscriber-Only)

Issues:

  • Voluntariness and admissibility of plea and admissions
    • Whether Besonia’s plea of guilty and admissions during the searching inquiry were voluntary and not compelled in violation of Sec. 17, Art. III, 1987 Constitution (the right against self-incrimination).
  • Compliance with Rule 116, Section 3 requirements
    • Whether the trial court complied with Section 3, Rule 116, Revised Rules of Criminal Procedure in conducting a searching inquiry and in requiring the prosecution to prove guilt and the precise degree of culpability after a plea to a capital offense.
  • Sufficiency of the prosecution’s evidence to support murder and aggravating circumstances
    • Whether the prosecution presented competent and sufficient evidence, independent of the plea, to establish guilt beyond reasonable doubt and to justify the qualifying circumstance of evident premeditation and the aggravating circumstance of use of an unlicensed firearm.
  • Effect of plea on presentation of prosecution’s case
    • Whether the plea of guilty adversely influenced or impaired the prosecution’s presentation such that remand is required.
  • Effectiveness of counsel
    • Whether defense counsel Atty. Calixto...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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