Case Digest (G.R. No. 191416)
Facts:
In People of the Philippines vs. Edwin Morial, Leonardo Morial alias “Cardinga” and Nonelito Abiaon alias “Noly” (G.R. No. 129295, decided August 15, 2001), the respondents were charged with Robbery with Homicide under Articles 293 and 294(1) of the Revised Penal Code. On January 6, 1996 at about 6:30 PM in Barangay Cagnituan, Municipality of Maasin, Southern Leyte, the three accused conspired to enter the house of Paula Bandibas and her three-year-old grandson Albert, intending to kill and to steal. Eyewitness Gabriel Guilao testified that he heard Paula plead for her life, saw Nonelito slap her, and Edwin stab her with a sharp weapon while Leonardo stood guard. The victims were found dead with stab wounds and blunt-force head injuries; P11,000.00 was missing. At the RTC, the prosecution also presented the testimony of the private complainant Benjamin Morial (Paula’s common-law husband), police officers, and Dr. Teodulo Salas’s necropsy report. The defense denied participation,Case Digest (G.R. No. 191416)
Facts:
- Background and Charge
- On January 6, 1996 at about 6:30 PM in Barangay Cagnituan, Maasin City, Southern Leyte, appellants Edwin Morial, Leonardo Morial, and Nonelito AbiAon were charged with robbery with homicide for entering the home of Paula and Benjamin Morial, killing Paula and her grandson Albert Bandibas, and stealing ₱11,000.
- The information alleged that, in furtherance of an agreement to gain, the three conspired to assault, stab, and bludgeon the victims with sharp weapons and stones, inflicting mortal wounds and instantaneous death.
- Prosecution’s Case
- Eyewitness Gabriel Guilao testified he was about 8 meters away when he heard Paula plead for mercy, saw Nonelito slap her, Edwin stab her, Leonardo loitering outside, then heard a stone crushing Albert’s head; the assailants remained ten minutes before fleeing.
- Benjamin Morial found the scene ransacked, the moneybox overturned, both victims dead or missing, and identified the P11,000 as stolen. Dr. Teodulo Salas’s necropsy reports confirmed lethal stab and blunt-force injuries. Leonardo’s extra-judicial confession (EJC) was also introduced.
- Defense’s Case
- Each appellant denied presence at the crime, asserting alibis—sleeping at home then attending a dance. Leonardo challenged his EJC as coerced and uncounseled, alleging police torture.
- Witnesses Patricio AbiAon and Eulogio Padilla placed Gabriel in neighboring Barangay Maria Clara at the time; dance witnesses’ testimony conflicted. Before the Supreme Court, Gabriel filed a recantation affidavit alleging intimidation by Benjamin Morial.
- RTC Decision
- The Regional Trial Court convicted all three of robbery with homicide (Art. 293 RPC, Art. 294(1) RPC): Leonardo and Nonelito sentenced to death by lethal injection; Edwin, a minor, to reclusion perpetua.
- Civil liabilities were ordered jointly and severally: ₱50,000 death indemnity each for the heirs of Paula and Albert, ₱20,546 actual damages for funeral expenses, ₱60,000 moral damages per death, restitution of ₱11,000, plus costs.
Issues:
- Is Leonardo Morial’s extra-judicial confession valid and admissible given counsel’s absence during custodial interrogation?
- Can that confession be admitted against co-accused under the res inter alios acta rule or its conspiracy exception?
- If the confession is excluded, does independent evidence (eyewitness testimony) suffice to prove guilt beyond reasonable doubt?
- What penalties should apply—death under R.A. 7659 for robbery with homicide and the mitigation of minority?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)