Case Digest (G.R. No. 175942)
Facts:
People of the Philippines v. Marlon Delim, G.R. No. 175942, September 13, 2007, Supreme Court First Division, Garcia, J., writing for the Court.The criminal information, filed in the Regional Trial Court (RTC) of Urdaneta City, Pangasinan (Criminal Case No. U-10059), charged Marlon, Leon, Manuel (aka "Bong"), Norberto (then called "Robert") and Ronald Delim with Murder under Article 248, Revised Penal Code as amended by R.A. No. 7659, alleging forcible entry, abduction and killing of Modesto Delim on January 23, 1999. Only Marlon, Leon and Ronald were initially apprehended and tried together; they were convicted by the RTC on January 14, 2000 for Murder but this Court, on automatic review, modified their conviction to homicide (People v. Delim, G.R. No. 142773, Jan. 28, 2003). Manuel remained at large; Norberto (appellant) was later arrested, arraigned, and the Information amended on July 10, 2001 to reflect his true name.
At appellant Norberto Delim’s trial the prosecution presented testimony of the victim’s wife Rita Manalo, son Randy Manalo, and Dr. Ma. Fe Lagmay de Guzman (municipal health officer who conducted the autopsy), plus documentary exhibits including the autopsy report. The defense offered appellant’s own testimony, that of his mother Lucila Delim, and neighbors Emilio Lutan and Nora Ramos, who gave an alibi placing him in Villa Paz, Naguilian, Isabela on the relevant date.
The RTC (Branch 46, Urdaneta City) rendered a decision dated April 29, 2002 convicting Norberto of Murder and sentencing him to death; the decision ordered transmission of records to the Supreme Court for automatic review. Because of this Court’s modification of the rules on direct appeals after People v. Mateo (G.R. Nos. 147678-87), the case was transferred to the Court of Appeals (CA) for appropriate action and docketed as CA-G.R. CR.-HC No. 02001. The CA, in a decision dated July 28, 2006, affirmed appellant’s guilt but reduced the crime from Murder to homicide (Art...(Pro-only)
Issues:
- Was the circumstantial evidence presented by the prosecution sufficient to support a conviction?
- Was conspiracy among the accused established?
- Was appellant Norberto Delim proved guilty beyond reasonable doubt and, if so, of what crime (mur...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)