G.R. No. 212170 - People vs. Escaran y Tariman

People of the Philippines as Appellee and Evelyn Bohol y Talaogan (Appellant) charged with the killing of Steven Alston Davis (Steven), a 31-year old British national and Chief Technology Officer of JC Software, a local subsidiary of JADECOOL Entertainment.
Steven resided at a two-storey apartment at No. 5958 Firmina Street, Barangay Poblacion, Makati City; he was married to appellant in Hong Kong in March 1997 when appellant was 17 years old; the couple shared a house at No. 1823 Fifth Street, Villasol Subdivision, Angeles City, Pampanga, with two minor children.

On July 17, 2002, Steven and his business associate Michael Thomas Dunn (Michael) worked until about 10:00 p.m.; they returned to their rented Makati apartment about 10:45 p.m.; Michael left at about 11:30 p.m. to fetch his girlfriend, Jennifer Castillo, and returned about 1:00 a.m. on July 18, 2002.
At about 2:00 a.m., Jennifer observed movement and flashing light outside their room; three armed men suddenly entered the room and were later identified at trial as Arnold Adoray (Arnold), Alexander Dagami (Alexander), and Robin Butas (Robin).
The three assailants took Michael’s keys, wallet, and cellular phone, locked Jennifer in the bathroom, then proceeded to Steven’s room; Arnold fired four consecutive shots at the sleeping Steven, striking him in the back; the assailants fled immediately.
Michael found Steven lifeless, administered CPR, and emergency personnel transported the body to Makati Medical Center where Steven was pronounced dead on arrival.
Attempts to contact appellant immediately after the incident failed until about 6:00 a.m., when Michael reached her by mobile phone; Michael observed appellant showing no signs of mourning when he met her at about 10:00 a.m.
The NBI medico-legal officer’s autopsy on July 18, 2002 found four gunshot wounds at the upper left portion of the victim’s back and four bullet holes at the back of the upper left arm just below the shoulder.

Arnold and Alexander were charged with murder on August 16, 2002; the information was later amended to charge appellant and Robin with murder, alleged to be in conspiracy with Arnold and Alexander, with allegations of treachery and evident premeditation.
The accusatory portion alleged that the accused, "armed with an automatic pistol and revolver, conspiring and confederating together," with intent to kill and by means of treachery and evident premeditation, shot Steven, inflicting mortal wounds that caused his death.
Robin was later discharged as a state witness; separate trial proceedings were held for appellant; upon arraignment appellant pleaded "Not guilty."

Robin testified that appellant induced and persuaded him, Arnold, and Alexander to kill Steven; he stated appellant had a love affair with Arnold and that appellant roused him at about 11:00 p.m. on July 17, 2002 to join them.
Robin recounted that he rode in a white car with Arnold, Alexander, and appellant; appellant acted as the guide to Steven’s apartment, gave Arnold the house keys, and ordered the group to alight; after the killing they returned to Angeles City in the same car and appellant warned them never to tell anyone.

(Subscriber-Only)

Whether Robin’s testimony, given his prior charge as co-conspirator and subsequent discharge as a state witness, is credible and may sustain appellant’s conviction.

Whether the prosecution proved beyond reasonable doubt that appellant conspired to kill Steven.
Whether the qualifying circumstance of treachery was proven to elevate the killing to murder.
Whether appellant’s alibi and lack of motive negate conspiracy or treachery.
Whether appellant could be convicted of parricide under Article 246 of...(Subscriber-Only)