Case Digest (G.R. No. 228945)
Facts:
On July 15, 2006, in Tayasan, Negros Oriental, Fernando Adlawan was brutally attacked and killed in his own home by Hesson Callao y Marcelino (hereafter “Hesson”) and his accomplice Junello Amad pursuant to a plan allegedly instigated by Enrile Yosores. That evening, Hesson, Junello, and two companions—Sario Joaquin, the sole eyewitness, and Remmy Casello—left the Guincalaban flea market and proceeded to Fernando’s residence. Junello first struck the victim’s nape with a piece of firewood, hacked him with a bolo, and rendered him motionless. Hesson then stabbed Fernando twice in the chest with a knife, opened his thorax, removed his heart, and, together with Junello who took out the liver, fed the organs to a nearby pig before further mutilating the corpse. Fearing for their lives, Sario and Remmy did not intervene. Remmy was later killed by Enrile during a local fiesta. The Information for Murder under Article 248 of the Revised Penal Code was filed on February 14, 2007; HessonCase Digest (G.R. No. 228945)
Facts:
- Parties and Procedural History
- Accused-appellant: Hesson Callao y Marcelino; Co-accused: Junello Amad.
- Information filed February 14, 2007 for murder under Art. 248, RPC; arraignment March 17, 2008 (plea: not guilty).
- Trial Court (RTC Bais City, Branch 45): Judgment January 26, 2015 convicting Hesson of murder with treachery; sentenced to reclusion perpetua and damages.
- Court of Appeals (18th Div.): Decision August 31, 2016 affirmed with modification (increased civil indemnity and moral damages; added exemplary damages).
- Prosecution’s Version
- Witness Sario Joaquin testified that on July 15, 2006 in Tayasan, Negros Oriental, he overheard Hesson and Junello plan to kill Fernando Adlawan, at the behest of one Enrile Yosores.
- That evening, the group went to Fernando’s house; Junello struck Fernando on the nape with firewood then hacked him with a bolo. When Fernando fell motionless, Hesson stabbed him twice in the chest with a knife, sliced open his chest, extracted the heart, and—along with Junello who extracted the liver—fed the organs to a pig, then dismembered the body.
- Sario did not intervene for fear of death; he later hid the incident under threat. Remmy Casello (another companion) was later killed. Death certificate showed cause of death: internal hemorrhage from multiple stab wounds.
- Defense Version
- Hesson denied participation, claiming he was in Fernando’s house cooking rice when he saw Junello and Enrile kill Fernando; he hid until morning.
- He denied conspiracy with Junello and did not admit stabbing; testified to flight out of fear but gave inconsistent relocation timeline.
Issues:
- Sufficiency of Uncorroborated Testimony
- Whether conviction based solely on Sario’s lone testimony violates the requirement for corroboration.
- Existence of Conspiracy
- Whether elements of conspiracy between Hesson and Junello were proven beyond reasonable doubt.
- Nature of the Crime (Impossible Crime)
- Whether Hesson’s act constituted an impossible crime rather than murder because the victim was allegedly already dead when stabbed.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)