Case Digest (G.R. No. 207950)
Facts:
People of the Philippines v. Mark Jason Chavez y Bitancor alias Noy, G.R. No. 207950, September 22, 2014, Supreme Court Second Division, Leonen, J., writing for the Court.In an information dated November 8, 2006, Mark Jason Chavez y Bitancor (accused-appellant) was charged with robbery with homicide for the death of Elmer Duque (nicknamed “Barbie”) on or about October 28, 2006, in Manila. The information alleged that Chavez stabbed the victim with intent to kill and, on that occasion or by reason thereof, took several personal items belonging to the victim. Chavez pleaded not guilty at arraignment and the case proceeded to trial in the Regional Trial Court (RTC), Branch 41, Manila.
At trial the prosecution presented witnesses Angelo Penamante (eyewitness), P/Chief Inspector Sonia Cayrel (SOCO), SPO3 Steve Casimiro (investigating officer), Dr. Romeo T. Salen (medico-legal), and Raymund Senofa. The defense presented the accused as its sole witness. Penamante testified he saw a person—later identified in a line-up as Chavez—leaving the victim’s parlor at about 2:45 a.m. after seeing the person fail to close the parlor door and drop something. SOCO reported the parlor in disarray and recovered 155 hair strands clutched in the victim’s left hand; Dr. Salen performed an autopsy and found 22 stab wounds, four of which were fatal, and estimated time of death at about 12 hours before the 1:00 p.m. autopsy (narrowing death to about 1:00 a.m.). Chavez’s mother voluntarily brought Chavez to the police station on November 5, 2006, turned over two cellular phones and a baseball cap, and executed a written statement purportedly recounting Chavez’s admissions (including that he threw the kitchen knife used in the manhole near their house). Chavez later surrendered and was identified by Penamante in a line‑up. A kitchen knife with a hair strand was recovered from a manhole near Chavez’s home, but forensic examinations (fingerprints, DNA, blood comparison) were not done or not presented at trial.
On August 19, 2011, the RTC found Chavez guilty beyond reasonable doubt of robbery with homicide and sentenced him to reclusion perpetua without eligibility for parole, and ordered indemnities. On February 27, 2013 the Court of Appeals (Eighth Division) affirmed the RTC decision. Chavez f...(Subscriber-Only)
Issues:
- Was the accused, Mark Jason Chavez y Bitancor, proven guilty beyond reasonable doubt of the special complex crime of robbery with homic...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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