Case Digest (G.R. No. 202124)
Facts:
People of the Philippines v. Ireneo Jugueta, G.R. No. 202124, April 05, 2016, Supreme Court En Banc, Peralta, J., writing for the Court.The accused-appellant Ireneo Jugueta was charged in two informations: Criminal Case No. 7698‑G (pleaded as “Double Murder”) for the killing of Mary Grace Divina (13) and Claudine Divina (3½) on June 6, 2002; and Criminal Case No. 7702‑G (pleaded as “Multiple Attempted Murder”) for the attempted killing of other members of the Divina family. The informations alleged the assailants entered the victim’s dwelling at night, stripped off the walling, and fired successive shots; the prosecutions framed attendant circumstances including treachery, evident premeditation, and that the crime was committed in the dwelling of the offended party.
At the preliminary/investigative stage a sworn statement of Danilo Fajarillo led the Provincial Prosecutor to find no prima facie case against co-accused Gilbert Estores and Roger San Miguel; upon motion of the prosecution the case against them for attempted murder was dismissed and trial proceeded only against Jugueta. At trial the prosecution presented Norberto Divina (surviving father) who identified Jugueta and two companions at the scene and described the attack, and Dr. Lourdes Taguinod who authenticated the deaths and described wound trajectories; Jugueta offered denial and an alibi placing him at a nearby house five minutes away.
The Regional Trial Court (RTC), Branch 61, Gumaca, Quezon, convicted Jugueta: in Case No. 7698‑G it sentenced him for “Double Murder” (reclusion perpetua for each death) and awarded indemnities and actual damages; in Case No. 7702‑G it convicted him of “Multiple Attempted Murder” and imposed prison terms for each offended party. The Court of Appeals ...(Subscriber-Only)
Issues:
- Did the trial court err in crediting Norberto Divina’s identification and testimony despite alleged inconsistencies?
- Can the accused be convicted of multiple offenses when the Informations were framed as “Double Murder” and “Multiple Attempted Murder,” and was any objection to duplicitous Informations waived?
- Were the killings qualified as murder and were the injuries to other family members established as attempted murder?
- Was “dwelling” an aggravating circumstance meriting modification of the penalties imposed?
- Were the awards of civil indemnity, moral and exemplary damages, and temperate damages properly assessed and subject to modification?
- Would reinvestigation of the dismissed c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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