Case Digest (G.R. No. 155023)
Facts:
People of the Philippines v. Cornelio Cajumocan, G.R. No. 155023, May 28, 2004, Supreme Court First Division, Ynares‑Santiago, J., writing for the Court. The appellant is Cornelio Cajumocan; the appellee is the People of the Philippines.At about 11:30 p.m. on September 30, 1999, Apolinario Mirabueno was asleep in his home in Sitio Waray, Barangay Plaza Aldea, Tanay, Rizal, when his younger brother Leo was awakened by noises outside and saw a man remove a fishnet from the window, look inside and then shoot Apolinario in the head; Leo identified the shooter as the appellant Cornelio Cajumocan. The victim was taken to a hospital and declared dead on arrival.
An Information dated October 4, 1999 charged Cajumocan with Murder under Article 248 of the Revised Penal Code, alleging he, armed with a gun, with intent to kill, with treachery and evident premeditation, and taking advantage of nighttime, shot the victim. Appellant pleaded not guilty.
Medical‑legal testimony established a fatal gunshot wound to the head causing intracranial hemorrhage. A paraffin (gunpowder) test performed on Cajumocan was negative. The defense presented testimony that appellant was a security guard assigned to a nearby property (Sitio Bathala), that his duty hours were 7 p.m. to 7 a.m., and that his logbook bore his signature; the defense argued an alibi/denial. The prosecution relied chiefly on the eyewitness Leo and the medico‑legal findings.
On January 7, 2002 the Regional Trial Court (RTC), Branch 79, Morong, Rizal, found appellant guilty beyond reasonable doubt of Murder...(Pro-only)
Issues:
- Is a negative paraffin (gunpowder) test conclusive proof that the accused did not fire a gun?
- Can the qualifying circumstance of treachery be appreciated on these facts to elevate the killing to Murder under Article 248?
- Was appellant proven guilty beyond reasonable doubt of Murder despit...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)