Case Digest (G.R. No. 174445)
Facts:
People of the Philippines v. Dionisio Calonge y Verana, G.R. No. 182793, June 20, 2011, Supreme Court Third Division, Villarama, Jr., J., writing for the Court.The People prosecuted Dionisio Calonge y Verana (accused-appellant) for three counts of parricide and one count of frustrated parricide arising from the early-morning killings on December 1, 2001 of his wife Rosita and two daughters, Kimberly and Dony Rose, and the wounding of his surviving daughter, Melody. The family lived in a small house in Barangay Cabuluan, Villaverde, Nueva Vizcaya.
Police responding to a barangay captain’s radio call found Rosita’s bloodied body outside the house and the lifeless bodies of Kimberly and Dony Rose inside bedrooms separated only by a curtain; Melody was alive but seriously wounded and treated for 17 days. Weapons (a bolo, a knife, a flashlight) stained with blood were found near the accused, who was wounded superficially and claimed not to recall the events. Melody, age nine at the time, gave statements identifying her father as the attacker; her grandparents and other relatives recounted hearing Rosita shout that the accused would kill them.
On January 17, 2002, Informations were filed (Criminal Case Nos. 4077–4080) charging parricide for the three deaths and frustrated parricide for Melody’s wounds. At trial the prosecution presented Melody and medical witnesses (Dr. Ragpa — autopsy; Dr. Ronduen-Adriatico — treating physician) among others; the defense presented the accused, who testified he could not recall what occurred and denied quarrelling with his wife. The trial court (Regional Trial Court, Bayombong, Branch 27) promulgated a Joint Decision dated August 10, 2005 convicting the accused of three counts of parricide and one count of frustrated parricide and imposing, inter alia, the death penalty for two parricides and reclusion perpetua for the third, plus damages.
The Court of Appeals in CA-G.R. CR.-H.C. No. 01516 affirmed with modification on November 29, 2007, reducing the death sentences to reclusion perpetua in light of later legislation; the accused filed a notice of appeal and the records were elevated to the...(Subscriber-Only)
Issues:
- Did the trial court err in giving weight and credence to the testimony of the child eyewitness Melody despite alleged inconsistencies and contradictions?
- Was the guilt of the accused for the charged crimes of parricide and frustrated parricide proven beyond reasonable doubt, warranting affirmation of conviction and the sentences imposed (as modifi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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