Case Digest (G.R. No. 129304)
Facts:
People of the Philippines v. Ava Ma. Victoria Cariquez y Cruz and Leezel Franco y Samson, G.R. No. 129304, September 27, 1999, Supreme Court First Division, Davide, Jr., C.J., writing for the Court.In May 1996 an Information initially charged Ava and Leezel with serious physical injuries under Section 10, Article VI of R.A. No. 7610; after the victim, two-and-a-half-year-old Mariel (“Ethel”) Cariquez y Cruz, died on 31 May 1996, the Information was amended (30 August 1996) to charge both with parricide under Article 246 of the Revised Penal Code as amended by R.A. No. 7659. The case was tried before the Regional Trial Court of Pasig City, Branch 163 (Judge Aurelio C. Trampe).
Prosecution witnesses included Lilia Gojul (Ava’s sister), neighbors Michelle Torrente and Theresa Castillo, hospital physicians Dr. Jose Bienvenida and Dr. Antonio Vertido (NBI), police witness SPO3 Adonis Bacarra, and others. Their testimony established repeated physical abuse of Ethel prior to 27 May 1996 (shaven head, contusions, cigarette burns, bruises, kneeling contusions); on several occasions Ethel, when asked, pointed to Ava and Leezel as the assailants. On 27 May 1996 Ethel was transported to Cardinal Santos Memorial Hospital unconscious with massive cranial injuries; CT scan and autopsy showed acute and chronic subdural hematomas, skull fracture and severe traumatic head injury leading to death on 31 May 1996.
Ava and Leezel testified for the defense. Ava gave inconsistent accounts: at trial she described an accidental fall from her hold on 27 May 1996; in earlier affidavits she implicated Leezel as the one who struck Ethel with a belt and pushed both mother and child to the floor. Leezel’s affidavits and in-court testimony were also inconsistent as to whether he actually witnessed the fatal fall; he at times denied involvement and at other times related versions blaming Ava. Both were also apprehended at one point for illegal possession of shabu (facts used by the trial court in assessing credibility).
On 19 March 1997 the RTC convicted Ava of parricide and Leezel...(Pro-only)
Issues:
- Was the evidence sufficient to convict the appellants beyond reasonable doubt?
- Were the statements of the child identifying her abusers admissible as part of the res gestae (i.e., an exception to the hearsay rule)?
- Was conspiracy between Ava and Leezel to maltreat Ethel sufficiently proved?
- Could Leezel be convicted of homicide (and be sentenced to reclusion perpetua) although the ame...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)