Case Digest (G.R. No. 129220)
Facts:
On March 11, 1996, a robbery occurred at BPI Family Bank, Paranaque, during which Insp. Florendo Escobar was fatally shot; SPO1 Bernie Jamon Faustino was charged with Robbery with Homicide under an Information and was convicted by the Regional Trial Court, Branch 260, Paranaque, which on May 22, 1997 sentenced him to death and ordered civil indemnities. The prosecution relied principally on eyewitness identifications by Dante K. Inting, SPO1 Zaldy Cres, and Michael Laurenti and on cartographic sketches and photographs; the defense presented an alibi corroborated by several police and barangay witnesses and submitted negative paraffin and polygraph results; the case reached the Supreme Court on automatic review.Issues:
- Did the prosecution prove the identity of SPO1 Bernie Jamon Faustino as one of the perpetrators beyond reasonable doubt?
- Did the trial court err in disregarding the accused’s alibi when the alibi was corroborated?
- Were the identification procedures and the
Case Digest (G.R. No. 129220)
Facts:
- Case background and charge
- People of the Philippines filed an Information charging SPO1 Bernie Jamon Faustino with Robbery with Homicide under Art. 294, Revised Penal Code, as amended by R.A. No. 7659.
- The Information alleged the offense occurred on or about March 11, 1996, at BPI Family Bank, BF Homes, Paranaque, involving a conspiracy with several unnamed and at-large co-conspirators.
- The Information alleged robbery of cash in the amount of P1,150,248.00 and the killing of P/Ins. Florendo Escobar by gunshot wounds.
- Accused-appellant entered a plea of not guilty on April 10, 1996.
- Prosecution case and primary evidence
- Bank assistant manager Rowena Solon testified to an armed holdup at about 1:30 p.m. on March 11, 1996, in which two armed men forced bank clients and employees to the floor and took cash; the robbers departed in vehicles.
- Verification at the bank determined that P1,277,956.68 was taken from the bank.
- Police response and shootout: SPO1 Zaldy Cres, Insp. Florendo Escobar, and civilian agent Michael Laurenti rushed to the vicinity and were fired upon; a mobile patrol car crashed; Escobar sustained fatal gunshot wounds and died.
- SPO3 Pedro Buccat and other officers recovered empty shells of calibers M-14, M-16, M-203, a grenade launcher, and deformed shrapnel and forwarded these items to the PNP Crime Laboratory.
- A cartographic sketch was made from descriptions by witnesses; a comment was allegedly made that the sketch resembled a police officer, SPO1 Bernie Faustino.
- Civilian witness Dante K. Inting testified he saw a man with an M-203 grenade launcher along Aguirre Street whom he identified later as accused-appellant, observed the man fire at fleeing policemen, and saw the man board a red Mazda pick-up with five to six armed men.
- Inting testified he knew accused-appellant prior to the incident and purportedly observed accused-appellant and associates at 54 Canton Street during surveillance days before the robbery.
- Inting admitted he did not report accused-appellant to authorities immediately after the incident and disclosed the identity only on March 25, 1996, claiming a threat by Ritchie Ylaya prompted disclosure.
- Civilian volunteer Michael Laurenti testified he saw two armed men during the shootout and identified accused-appellant as a shooter after being shown a photograph two days after the incident.
- NBI pathologist Dr. Bienvenido Munoz conducted autopsy and concluded Insp. Escobar died of gunshot wounds.
- NBI agent Moises Tamayo testified that witnesses were shown photographs after a cartographic sketch; one witness identified accused-appellant from the photographs; photographs had been obtained earlier from a tip naming the Faustino brothers as suspects in prior robberies.
- Defense case and alibi
- Defense presented Senior Inspector Emiliano R. Amatosa and other police and barangay witnesses who testified accused-appellant reported for duty and participated in the arrest and tactical interrogation of a suspect Daloso on March 11, 1996, during the noon to late-afternoon period.
- Witnesses for the defense included SPO1 Jose Jeffrey Mendiola, Ella Ocampo Celeste (complainant in the theft reported that day), Isagani T. Neri (barangay chairman), Reynaldo G. Zamora (barangay kagawad), Ernesto Rosales (barangay chairman), and SPO2 Datu, each corroborating elements of the accused's alleged alibi and presence at Malate/Barangay premises during much of the day.
- Accused-appellant consistently denied participation and testified to duty hours and activities including lunch and tactical interrogation of Daloso with times approximating the period of the robbery and shootout.
- Defense presented negative forensic results: a polygraph examination administered by SPO Rodolfo Villadolid yielded negative results; a paraffin test by forensic chemist Marilyn de Quinto showed both hands of acc...(Subscriber-Only)
Issues:
- Principal contested issues on appeal
- Whether the trial court erred in denying accused-appellant's motion for inhibition sought during trial.
- Whether the trial court erred in convicting accused-appellant based on testimony that the defense characterized as fantastic and incredible.
- Whether the trial court erred in convicting accused-appellant based on identifications that were irregular, belated, or tainted by suggestiveness.
- Whether the trial court disregarded the defense of alibi despite the alleged weakness of the prosecution's evidence.
- Whether the trial court failed to consider corroborative testimonial and documentary evidence supporting accused-appellant's alibi.
- Whether the prosecution established the guilt of accused-appellant beyond reasonable doubt, including proof of identity of the perpetrator.
- Legal standards to be applied
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Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)