Case Digest (G.R. No. L-31429)
Facts:
The case at hand is "The People of the Philippines vs. Roscoe Daban y Ganzon," G.R. No. L-31429, decided by the Supreme Court en banc on December 19, 1981. Roscoe Daban was the accused-appellant, who appealed a decision from the Court of First Instance of Iloilo. The case stemmed from a murder charge against him for the killing of Conrado de la Cruz on July 17, 1967, in Iloilo City. According to prosecution evidence, around 4 PM on that date, Daban, along with Angel Balasote, Jr. and several unidentified individuals, was traveling in a red 1965 Chevrolet Malibu. They stopped beside a jeep where De la Cruz was leaning against, and Daban pulled out a pistol, firing three to four shots at De la Cruz before fleeing the scene. De la Cruz staggered and fell, shortly thereafter succumbing to the gunshot wounds at the Polyclinic Hospital.
Post-incident investigation revealed that the vehicle used in the shooting was repainted black shortly after the crime, a fact that raised
Case Digest (G.R. No. L-31429)
Facts:
- Incident and Crime Details
- On July 17, 1967, at about 4:00 in the afternoon, Roscoe Daban, together with Angel Balasote, Jr. and three unidentified persons, was riding in a 1965 Chevrolet Malibu red car with a white top (Plate No. L-19604) in Quezon City.
- The vehicle stopped beside a jeep parked in front of the Philippine National Bank Building near Plaza Libertad in Iloilo City.
- Daban, positioned in the front seat, pulled out his pistol and fired three or four times at Conrado de la Cruz, who was leaning against the jeep.
- Following the shooting, the car sped off, taking a route toward the Colegio del Sagrado Corazon de Jesus, making an abrupt turn at the corner of P. Burgos and J. Rizal Streets, with tires screeching before disappearing from view.
- Victim and Forensic Details
- Conrado de la Cruz, aged 42, was found staggered and subsequently fell face down on the pavement after being shot.
- Two Constabulary soldiers responded to the scene and transported the victim to the Polyclinic Hospital, where he later died.
- Autopsy findings revealed:
- A chest gunshot wound with the bullet perforating the left lung and exiting at the inner scapular region.
- A gunshot wound in the abdomen with the bullet perforating the colon and loops of the ilium, exiting at the left lateral lumbar region.
- Another bullet wound affected the left forearm, exiting below the left elbow.
- Investigative Developments and Evidence
- Lieutenant Colonel Lauro T. Margate, the Constabulary provincial commander, initiated a search for Daban after receiving information about the incident.
- On the morning of July 18, 1967, Margate received telephone calls from Congressman Pascual Espinosa reporting that the car used by Daban was hastily repainted in Mendoza’s Auto Painting Shop, located near Senator Rodolfo Ganzon’s residence in Molo.
- Upon inspection, officers found that the Chevrolet Malibu had been repainted black on the red body while its original white top remained discernible beneath the applied black paint.
- Jaime Mendoza, the owner of the shop, testified that a factotum named Burton, working for Edwin Daban (Roscoe Daban’s brother), had urgently brought the car for repainting.
- Important documentary evidence was recovered from the car:
- Car plates (No. L-19604) matching the ones given by Mendoza to the Constabulary.
- A statement of account from the Philippine Long Distance Telephone Company along with details for long distance phone calls made using Roscoe Daban’s phone number, found in its glove compartment.
- A bill of lading dated July 8, 1967, showing that the car was consigned to Roscoe Daban, with an original plate number of L-7914 ’66 when shipped from Manila.
- Apprehension, Escapes, and Additional Allegations
- Daban was linked to Senator Rodolfo Ganzon (being a nephew) and faced multiple charges.
- After the incident, Daban became a fugitive from justice—escaping from the national penitentiary on June 15, 1971, and again from the Philippine General Hospital on June 13, 1976, after which his whereabouts became unknown.
- Aside from the killing of Conrado de la Cruz, Daban was additionally charged with murder in Criminal Case No. 5655 in connection with the killing of Antolin Ferrer on April 25, 1972, in Makati, Rizal, as part of a conspiracy with other persons.
- Trial, Testimonies, and Evidence Presented
- An amended information for murder was filed against Daban, Edgardo Alfonten, Angel Balasote, Jr., Rafael Velasco, and an unidentified person; however, only Daban and Balasote were brought to trial, with Balasote being acquitted.
- Eyewitness testimonies:
- Vicente Felisario, a bystander and Korean war veteran turned taxicab driver, testified that he was approximately six or seven meters from the scene and identified Roscoe Daban as the killer. He noted details such as the car having a red body, a white top (as observed before repainting), and two antennas at the rear, matching the surrendered plates.
- Contradictory defense testimonies claimed that Daban was in Bacolod City at the time, and attempted to explain the repainting issue by alleging that a detachable black vinyl cover had been used. Edwin Daban and Jaime Mendoza corroborated the scenario that the black vinyl had been applied, with the repainting left incomplete when officers intervened.
- The prosecution built its case on the chain of evidence linking the Chevrolet car—and by extension, Roscoe Daban—to the crime, further corroborated by the consistency of Felisario’s detailed identification despite challenges regarding the timing of his appearance as a witness.
Issues:
- Whether the evidence, particularly the identification of the car and the eyewitness testimony by Vicente Felisario, was sufficient to tie Roscoe Daban to the murder of Conrado de la Cruz.
- The issue centers on whether the repainted car (despite conflicting claims about the appearance of its top) could be definitively linked to Daban.
- It also considers the accuracy and reliability of Felisario’s account, given that his testimony surfaced several months after the incident.
- Whether the trial court erred in drawing adverse inferences from Daban’s failure to testify during the trial.
- The court had to address if his silence could be used to affirm guilt, despite the rule that a suspect’s refusal to testify should not automatically prejudice the case against him.
- Whether the overall circumstantial evidence presented, including forensic and documentary evidence, was sufficient to convict Daban beyond reasonable doubt.
- This includes evaluating all testimony and physical evidence, such as the bill of lading, the telephone statements, and the vehicle identification, in establishing the assailant’s identity.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)