Case Digest (G.R. No. 144222-24)
Facts:
People of the Philippines v. Ronito Boller alias Obat, Dianito Boller alias Nonoy and Francisco Boller alias Bayani, G.R. Nos. 144222-24, April 03, 2002, First Division, Ynares‑Santiago, J., writing for the Court. The case is an appeal from the Regional Trial Court (RTC) of Calbayog City, Branch 31, which convicted the three accused-appellants of three counts of murder and sentenced each to reclusion perpetua in Criminal Cases Nos. 3022–3024 (decision rendered May 16, 2000, penned by Judge Sumoroy M. Ortego).On December 22, 1995, three informations for murder were filed against the accused-appellants for the October 27, 1995 shootings at a copra kiln in Barangay Hinayagan, Gandara, Samar, where victims Lolito de la Cruz, Jesus Orquin and Arsenio Orquin were fatally wounded. At the scene Jacinto Orquin saw the three accused about three meters away, each pointing firearms; Jacinto fled and later heard gunfire. Witnesses recovered spent shells; autopsies by Dr. Cresilda Teston‑Aguilar established fatal gunshot wounds as causes of death for the three victims.
Shortly after the shooting, Kagawad Pedro Sumagdon reduced to writing an ante‑mortem statement by the mortally wounded Lolito de la Cruz identifying the accused by name and describing them as in military uniform; Lolito died before reaching the hospital. Jacinto also positively identified the accused. The accused proffered alibi evidence: each testified to being elsewhere (working, on duty in camp, or repairing a roof) and presented witnesses to corroborate time‑frames; one defense witness (a CAFGU partner) testified that firearms were left in camp after duty.
The three cases were consolidated and tried jointly. The RTC found the dying declaration admissible, credited the positive identifications, and convicted the accused of murder, imposing reclusion perpetua and ordering joint and several indemnity of P50,000 to each set of heirs. The accused appealed directly to the Supreme Court raising ...(Subscriber-Only)
Issues:
- Was the ante‑mortem statement of Lolito de la Cruz admissible as a dying declaration?
- Was the qualifying circumstance of treachery proven to elevate the offense to murder?
- Was the guilt of the accused‑appellants proven beyond reasonable doubt so as to sustain a ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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