Case Digest (G.R. No. 171449)
Facts:
On 27 January 1997, Jose D. Lara @ Jose Kalbo was charged before the RTC of Antipolo, Rizal with (1) Robbery with Homicide for taking and stealing a shotgun and shooting Chito B. Arizala; (2) Qualified Illegal Possession of Firearm; and (3) Robbery for taking another shotgun from Arizala. The cases were tried jointly after consolidation and were transferred to a branch designated for heinous crimes; upon arraignment, appellant pleaded not guilty. During trial, appellant escaped from detention and the trial court treated him as having waived the right to present evidence.The trial court convicted appellant of all charges and, in light of the death penalty, the records were elevated for automatic review. The Court of Appeals later affirmed the convictions for Robbery with Homicide and Robbery, but acquitted appellant of Qualified Illegal Possession of Firearm. Appellant appealed to the Supreme Court, mainly assailing the credibility of prosecution witnesses.
Issues:
- Whether the
Case Digest (G.R. No. 171449)
Facts:
- Initiation of criminal cases and informations
- On January 31, 1997, accused-appellant Jose D. Lara @ Jose Kalbo was charged with Robbery with Homicide, Qualified Illegal Possession of Firearm, and Robbery in separate Criminal Cases Nos. 97-13706, 97-13707, and 97-13708, respectively, before the RTC of Antipolo, Rizal.
- Criminal Case No. 97-13706 charged that on or about January 27, 1997, in Antipolo, Rizal, accused, with intent of gain and by means of violence, force and intimidation, willfully unlawfully and feloniously took, stole and carried away from Chito B. Arizala a NORINCO 12 Gauge Shotgun with Serial No. 9600942, divesting him without consent, and shot Arizala with treachery and evident premeditation, causing mortal injuries and death.
- Criminal Case No. 97-13707 charged that on or about January 27, 1997, in Antipolo, Rizal, accused willfully unlawfully and feloniously had in his custody a pistol of unknown make and caliber and a NORINCO 12 Gauge shotgun with Serial No. 9600947, without authority or license, and used the firearms in killing Arizala.
- Criminal Case No. 97-13708 charged that on or about January 27, 1997, in Antipolo, Rizal, accused with intent of gain and by means of force, violence and intimidation, willfully unlawfully and feloniously robbed and divested Arizala of a NORINCO 12 Gauge Shotgun with Serial No. 9600947 with live ammunition valued at P11,900.00, owned by Napoleon Y. Arnaiz, without consent.
- Consolidation, transfer, and arraignment
- Upon motion of the Public Prosecutor, Criminal Cases Nos. 97-13707 and 97-13708 were consolidated with Criminal Case No. 97-13706 before Branch 71 of the same court.
- On April 16, 1999, the cases were transferred to Branch 73, the branch designated to try heinous crimes.
- On June 3, 1999, accused was arraigned with counsel de oficio and pleaded not guilty.
- On July 27, 1999, upon agreement of the parties, pre-trial was terminated, and the cases were jointly tried.
- Prosecution evidence on the incident and identification of accused
- The victim Chito B. Arizala was a security guard of Taurus Security Agency and Allied Services, assigned as officer-in-charge of the security detachment guarding the Sanchez Estate at Manalite II, Brgy. Sta. Cruz, Antipolo City.
- Benjamin Alino testified that at around 6:00 p.m. on January 27, 1997, he met Arizala at the Sanchez Estate to collect his P150.00 debt.
- After Alino was paid and about to leave, accused arrived, became argumentative with Arizala concerning entry of construction materials brought by squatters, and then without warning punched Arizala.
- When Arizala fell, his shotgun slid down to the ground. Accused immediately grabbed and cocked the shotgun.
- Alino shouted “Chito, takbo na!” Arizala ran toward the security guards’ barracks while Alino went toward his home.
- Accused could not fire because there were people in the directions Arizala and Alino ran.
- Alino learned the next day that Arizala had been killed.
- In court, Alino stated accused was not present in the courtroom and identified him through his picture.
- Testimony of Nonilio Marfil on the retrieval, shooting sequence, and taking of the shotgun
- Nonilio Marfil testified that on January 27, 1997, he was employed as a security guard by Napoleon Arnaiz and assigned to guard construction materials at Sanchez Estate with other guards including the victim.
- Around 6:15 p.m., the victim arrived and asked for Marfil’s shotgun because the one assigned to him had been grabbed and taken by accused.
- Because the victim was his superior and officer-in-charge, Marfil obliged and handed over his service shotgun.
- The victim instructed Marfil and the other security guards to follow him. The victim carried Marfil’s service shotgun.
- Marfil heard a gunshot when the victim reached a corner; the victim slowly fell.
- Marfil heard two or more more shots and saw Arizala fall supine. When Marfil was about to approach to get the shotgun and help, he heard another shot and retreated about ten (10) meters.
- Immediately thereafter, Marfil saw accused emerge from behind a concrete wall and take the shotgun lying on top of the victim’s chest.
- Marfil feared he would be shot next, retreated to the barracks, asked guards to look after the body, and then informed the victim’s family.
- Marfil returned with the victim’s wife and saw police arrive; pictures were taken and an investigation was conducted.
- Marfil positively identified accused and the subject pictures taken from the crime scene.
- Testimony of Roque Ogrimen on seeing accused with a handgun, taking the shotgun, and firing shots
- Roque D. Ogrimen testified that around 6:20 p.m. on January 27, 1997, he heard three (3) gunshots from inside his house.
- He observed his water drum hit and contents leaking, and his window pane broken.
- He saw accused from about twenty-five (25) meters, and his view was unblocked; the scene was well lighted.
- He saw Arizala already lying supine when first seen.
- He saw accused holding a handgun, approaching Arizala, belting the handgun, taking the shotgun lying on top of Arizala’s body, cocking it, stepping backwards, and firing two (2) shots at the fallen Arizala.
- After firing, accused walked away holding the shotgun he used to shoot Arizala.
- Ogrimen went to the police station to report the incident. SPO1 Reynaldo Anclote responded and supervised picture-taking.
- Ogrimen identified exhibits showing the drum riddled with holes and broken window, and the photographs of recovered bullets.
- Ogrimen explained that in his affidavit dated January 27, 1997, there was no mention that he saw accused pick up the shotgun from Arizala’s chest because the affidavit reflected only answers to questions from the investigating officer.
- Ogrimen acknowledged he saw the act described during his testimony.
- Witness testimony and documentary evidence on service firearms, licenses, and declared loss
- Salvador Tejada, an employee of Taurus Security Agency and Allied Services, testified that Arizala and Marfil were employees and security guards.
- Arizala and Marfil were issued service firearms pursuant to Mission Order Nos. 96080012 and 96080013, both dated August 12, 1996.
- The firearms were Norinco Caliber Shotgun 12 gauge with Serial No. 9600942 issued to Arizala and Serial No. 9600947 issued to Marfil, each with five (5) ammunition and valued at P11,900.00 each.
- Tejada testified that the firearms had temporary license issuance dates and remained valid until the issuance of regular computerized licenses in April 28, 1997.
- Tejada further testified that the loss of the two firearms was reported and the Firearms and Explosives Division declared them lost, with Official Receipt 1726642 dated September 7, 1999 covering administrative fine payment.
- Police and medico-legal evidence
- SPO1 Reynaldo Anclote conducted the on-the-spot investigation and recovered two (2) spent shotgun shells and three (3) bullets from the crime scene.
- He requested ballistic examinations from the “PCCL and Ballistic Command” for ballistic examinations, personally delivering the request letter to the Criminal Investigation Division.
- Anclote supervised pictures taken at the scene and identified exhibits showing the victim and crime scene; upon arrival, the victim was lying dead on the ground.
- P/Sr. Insp. Abraham Pelotin testified that between February 3 and 19, 1997, he conducted ballistic examination on cartridges and deformed bullets/pellets involved in Arizala’s shooting.
- Pelotin identified Report FAIB-009097 and declared that the pellet examined measured 3.3 millimeters, appearing to have come only from a 12-gauge shotgun, while clarifying that striation uniqueness in bullets allows identification.
- SPO2 Wilfred Tagola testified on authenticity of certifications showing that two Norinco shotguns (Se...(Subscriber-Only)