Case Digest (G.R. No. 132159)
Facts:
This case revolves around the appeal of accused-appellant Cesar Givera y Garote against the decision of the Regional Trial Court (RTC), Branch 102, Quezon City, dated August 29, 1997, which found him guilty of the murder of Eusebio Gardon y Arrivas and sentenced him to reclusion perpetua. The events occurred on May 2, 1993, at 4 p.m. in Quezon City, Philippines. According to the information filed on April 10, 1995, Givera, along with his co-conspirators, was charged with conspiring to murder Gardon. During the prosecution, witnesses Milagros Gardon, the victim's daughter, and Melinda Delfin, his niece, testified against the accused.
Milagros recounted that her father was being stoned by Givera and his group, which included Epifanio Gayon and Arturo Gayon, outside their home. The victim was threatened by Givera prior to the incident, which prompted Milagros to keep watch over her father. Following various altercations, Eusebio was lured outside his house, punched, and subseq
...Case Digest (G.R. No. 132159)
Facts:
- Case Background and Charges
- The case involves accused-appellant Cesar Givera y Garote, charged with the murder of Eusebio Gardon y Arrivas.
- The criminal information, dated April 10, 1995, alleged a conspiracy to kill the victim on or about May 2, 1993, in Quezon City.
- Accomplices identified include Epifanio Gayon y Geralde and Arturo Gayon y Geralde, who were also separately prosecuted and convicted in Criminal Case No. Q-93-44315.
- Description of the Alleged Crime
- It is charged that on the said date and place, the accused, in conspiracy with his companions, acted willfully and with deliberate intent to kill.
- The method of the crime involved:
- Stoning the victim’s house to force him out.
- Luring the victim from his domicile.
- Using superior strength, the assailants attacked, assaulted, and ultimately stabbed the victim with a knife.
- Additional violent acts included striking the victim with a stone and kicking and boxing him.
- The coordinated action of the group led to the infliction of serious and mortal wounds, causing the victim’s death.
- Witness Testimonies and Evidence Presented
- Testimony of Milagros Gardon (the victim’s daughter):
- Provided a detailed account of events, stating that at around 4:00 p.m. on May 2, 1993, she observed the sequence of events from inside and outside the victim’s house.
- Recounted how Cesar Givera was seen stoning the house and later engaging in direct physical assault on her father.
- Identified the presence of a companion referred to as “Onying” (Epifanio Gayon) who, along with Cesar, provoked the victim to leave the house.
- Witnessed the victim being chased, attacked near a bridge, and eventually stabbed by Bingo (Maximo Givera).
- Testimony of Melinda Delfin (the victim’s niece):
- Corroborated Milagros’ account by describing her observation while approaching the victim’s residence.
- Identified similar acts of violence, including boxing and stabbing, committed by the assailants.
- Mentioned the presence of four perpetrators during the incident and described the chaotic nature of the attack.
- Medical and Documentary Evidence:
- Testimony of a medico-legal officer, P/Maj. Florante Baltazar, established that the victim sustained fatal stab wounds piercing the pericardium and left ventricle, along with other injuries.
- A death certificate was introduced, serving as documentary evidence of the victim’s death.
- Accused-appellant’s Testimony (Defense Version):
- Cesar Givera claimed that he was at his cousin’s house having a drink, a location about 30 meters from the victim’s residence.
- He stated that he was fetched by his cousin, Recto Gardon, to pacify an altercation between Maximo Givera and the victim.
- Alleges that he only attempted to help the victim and fled when the victim’s son, armed with a bolo, approached.
- Denied having observed the full extent of the group’s assault on the victim.
- Procedural Developments
- Trial Court Decision:
- The Regional Trial Court, Branch 102, Quezon City, found Cesar Givera guilty beyond reasonable doubt of murder.
- He was sentenced to reclusion perpetua with accessory penalties and ordered to indemnify the deceased’s heirs with P50,000.00, plus payment of costs.
- Appeal and Modifications:
- Upon appeal, the higher court affirmed the conviction with modifications.
- The decision was modified to impose an additional award of moral damages of P50,000.00, regardless of the proof thereof.
- Arrest and Warrants:
- Accused-appellant’s arrest was ultimately effected on May 4, 1996, despite claims of a warrant-less apprehension.
- It was shown that an arrest warrant issued on April 27, 1995, remained in effect until it was executed, despite its return as unserved due to the accused’s absence.
Issues:
- Evidentiary Sufficiency and Credibility
- Whether the testimonies of the eyewitnesses (Milagros Gardon and Melinda Delfin) were reliable and consistent despite minor discrepancies.
- Whether those minor inconsistencies impaired the prosecution’s case or the overall credibility of the witnesses.
- Conspiracy and Common Purpose
- Whether the coordinated actions of the accused and his companions established a common design to kill the victim.
- Whether the act of one conspirator (e.g., stabbing by Maximo Givera) could be legally attributed to the accused-appellant under the doctrine of common purpose.
- Qualifying Circumstances
- Whether evident premeditation and treachery are present in the killing:
- The absence of sufficient evidence to prove that ample time was allowed for reflection indicates a lack of evident premeditation.
- Whether the victim’s awareness of an impending attack negates the element of treachery.
- Confirmation of the abuse of superior strength as an aggravating circumstance due to the victim being unarmed and outnumbered.
- Procedural and Arrest Issues
- Whether the accused-appellant’s arrest, allegedly conducted without a warrant, was procedurally valid given that the warrant had not been recalled or quashed.
- Whether any objection regarding the arrest procedure was waived by his participation in the trial process.
- Admissibility of Medical Evidence
- Whether the testimony of the medico-legal officer, which could not be cross-examined by the defense, should be deemed inadmissible or rendered incompetent.
- Whether the fact and cause of death of the victim were adequately established by the direct eyewitness testimonies and documentary evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)