Case Digest (G.R. No. 157221)
Facts:
On the night of July 27, 1991 at about eleven o’clock, five farmhands—Danilo Perez, Rosalio Enojarda, Noel Cugal, Ricardo Francisco, and Wilfredo Rellios—were eating merienda inside a copra kiln in Matarling, Lantawan, Basilan, when sudden shots rang out. Enojarda fell, crying “Dan ya tupa comigo,” and died of a single gunshot wound to the abdomen. Rellios and Perez, after taking cover by crawling, saw a man about five meters away firing an M16 armalite rifle; shortly thereafter, Perez recognized the shooter as his cousin, PNP SPO2 Cesar Galvez, accompanied by three unidentified armed men. On May 28, 1992, an Information for Murder with allegations of treachery and evident premeditation was filed against Galvez. At trial, the prosecution relied on the positive identifications of Rellios and Perez, while the defense offered—and the courts received—Galvez’s denial, alibi testimony, negative paraffin and ballistic tests, and expert witnesses. The RTC of Isabela, Basilan, despite fiCase Digest (G.R. No. 157221)
Facts:
- Shooting Incident
- On July 27, 1991 at around 11:00 PM, five men—Danilo Perez, Rosalio Enojarda, Noel Cugal, Ricardo Francisco, and Wilfredo Rellios—were eating inside a copra kiln in Perez’s farm at Matarling, Lantawan, Basilan.
- When Enojarda stood to drink water, shots rang out. He fell, shouted he was hit, and later died from a gunshot wound.
- Identification and Immediate Aftermath
- Rellios crawled inside the kiln and saw, about five meters away, appellant Cesar Galvez holding an M16 armalite rifle, firing in their direction; he also saw three unidentified companions at a greater distance.
- Perez hid in nearby bushes; after firing stopped, a well-lit moon enabled him to recognize Galvez (his cousin) about two meters away, in fatigue uniform with an armalite rifle, accompanied by three armed men.
- Trial Proceedings
- On May 28, 1992, an Information for Murder (Art. 248 RPC) was filed against PNP SPO2 Cesar Galvez, alleging treachery, premeditation, and use of an M16 rifle.
- Prosecution witnesses Rellios and Perez positively identified Galvez at the scene. Defense presented alibi (Galvez at in-laws’ home), two corroborating witnesses (Ramillano, Espinosa), paraffin and ballistic tests (both negative).
- RTC (Feb. 27, 1995) held the eyewitnesses credible, found conspiracy despite no allegation, and convicted Galvez as principal of Murder, sentencing him to Reclusion Temporal (17 y 4 m 1 d to 20 y).
- CA (Mar. 30, 2001) affirmed guilt but modified penalty to Reclusion Perpetua; denied reconsideration.
- SC granted review under Rule 124; after full briefing, rendered decision on March 30, 2007.
Issues:
- Whether conspiracy and the acts of unidentified companions can be imputed to Galvez absent allegation in the Information.
- Whether the prosecution proved beyond reasonable doubt that Galvez himself fired the fatal shot.
- Whether negative paraffin and ballistic tests undermine eyewitness identifications.
- Whether Galvez’s alibi and refusal to give a statement altered the burden of proof.
- Whether an unproven offer to compromise can be treated as admission of guilt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)