Case Digest (G.R. No. 126287)
Facts:
People of the Philippines v. Orlando Herrera De Leon, G.R. No. 126287, April 16, 2001, the Supreme Court First Division, Pardo, J., writing for the Court.The prosecution filed an Information on May 2, 1988 in the Regional Trial Court (RTC), Makati, charging Orlando Herrera De Leon with homicide for the April 28, 1988 shooting of Michael Oris. After re-investigation the prosecution withdrew the homicide Information and on March 27, 1989 filed an amended Information charging murder alleging treachery and evident premeditation. On September 19, 1989, the accused pleaded not guilty and trial followed in RTC Makati, Branch 136.
The prosecution presented eyewitness testimony of several teenage companions of the victim who were walking near Gatchalian Subdivision, Paranaque at about 11:00 p.m. on April 28, 1988. Two eyewitnesses testified they saw accused de Leon standing outside the perimeter fence of the mayor’s house, illuminated by an electric post and moonlight, and saw him fire a long firearm in their direction; the victim was hit from behind and later died. The medico-legal report established two fatal gunshot wounds; slugs were not recovered. Receipts for hospital, funeral and burial expenses were admitted.
Accused de Leon denied the shooting and interposed an alibi, testifying he was relieved from guard duty at about 10:50 p.m., took public transport home, arrived at about 11:15 p.m., and slept until the next morning. He maintained he carried only a rattan nightstick while on duty. Rebuttal witnesses from the municipal civil security unit contradicted his alibi and one testified that guards were armed with an M16 which was turned over to relievers; a policeman also testified he saw accused before 11:00 p.m. armed with an M16 at the barracks.
On January 31, 1996, the RTC convicted de Leon of murder, sentenced him to reclusion perpetua, and ordered payment of P50,000 as moral damages. The accused appealed to t...(Subscriber-Only)
Issues:
- Was the conviction of accused-appellant supported by sufficient and credible evidence?
- Did the evidence establish the requisite qualifying circumstances (treachery and/or evident premeditation) to elevate the killing to murder?
- What are the proper penalty and civil d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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