Case Digest (G.R. No. 170677)
Facts:
On January 15, 1997, the People of the Philippines filed an information for arson with homicide under Article 320 of the Revised Penal Code, as amended by PD 1613, against Nestor Dolendo y Fediles alias “Etoy” before the Regional Trial Court, Branch 48, Masbate City (Crim. Case No. 8307). The incident occurred on the afternoon of September 18, 1996, in Sitio Kapatagan, Barangay Capsay, Aroroy, Masbate, when appellant, armed with a gun, announced his arrival to Leonardo Perocho Sr., then set fire to the porch and roof of the Perocho family dwelling using dried coconut leaves. Complainant Deolina Perocho and her three young daughters escaped by jumping through a rear window, but six-year-old Leonardo Jr., who was asleep, remained inside and perished from massive burns. Neighbor and son Jessie Perocho corroborated that appellant ignited a torch of coconut leaves and burned the house. The post-mortem report confirmed death by extensive thermal injuries. Appellant remained at large uCase Digest (G.R. No. 170677)
Facts:
- Procedural Background
- On January 15, 1997, the People of the Philippines filed an information in RTC, Branch 48, Masbate City, charging Nestor Dolendo y Fediles (alias “Etoy”) with arson resulting in homicide for setting fire to a house in Sitio Kapatagan, Barangay Capsay, Aroroy, Masbate, causing the death of six-year-old Leonardo Perocho, Jr.
- Appellant remained at large until his arrest on February 23, 2001; he pleaded not guilty at arraignment.
- Trial Evidence
- Prosecution
- Deolina Perocho (mother) testified that on September 18, 1996, around 4:00 p.m., appellant—holding a gun—shouted at her husband, gathered dried coconut leaves, set fire to their porch and roof, forcing her and three children to jump out a rear window; Leonardo Jr., asleep at the time, was left behind and perished.
- Jessie Perocho (son) saw appellant torch the house with a coconut-leaf torch.
- Dr. Conchita Ulanday’s medico-legal report confirmed death by massive burns.
- Defense
- Appellant claimed alibi, alleging he was in Bulacan at the time.
- He denied involvement and argued misidentification, though admitting a prior “gold panning” altercation with the victim’s family.
- Lower Court Rulings
- RTC Decision (September 23, 2011): Found appellant guilty of arson with homicide under Art. 320 RPC as amended by RA 7659; sentenced him to reclusion perpetua and awarded P75,000 civil indemnity, P75,000 moral damages, and P30,000 exemplary damages.
- Motion for New Trial: Based on recantation affidavits of Deolina and Jessie (executed 15 years later), the trial court denied relief (November 25, 2011), deeming the recantations tardy and incomplete.
- Court of Appeals
- Appellate Arguments: Appellant challenged witness credibility, the denial of his motion for new trial, and the validity of the verdict due to a different judge rendering it. The OSG urged triviality of inconsistencies, disfavor of recantations, and upheld judge substitution.
- CA Decision (March 18, 2015): Dismissed appeal, affirmed conviction with modification—guilty of simple arson instead of arson with homicide.
- Present Appeal
- Appellant seeks acquittal before the Supreme Court, raising four issues on witness credibility, proof beyond reasonable doubt, judge substitution, and CA’s modification.
Issues:
- Did the Court of Appeals err in affirming the trial court’s credibility findings?
- Was the prosecution’s proof of guilt beyond reasonable doubt sufficient?
- Is the verdict invalid because the judge who rendered it did not hear the trial?
- Did the CA improperly modify the conviction from arson with homicide to simple arson?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)