Case Digest (G.R. No. 92533)
Facts:
People of the Philippines v. Efren Nimo y Nodalo and Jessie Nipas (At Large), G.R. No. 92533, October 05, 1993, the Supreme Court Third Division, Romero, J., writing for the Court.The criminal case arose from the early-morning killing of Daisy Ronquillo on March 30, 1989 in Calzada, Camalig, Albay. The only in-house companion, Priscilla de Jesus, woke to sounds, found Daisy bleeding from a gunshot wound, saw two intruders (one armed with a gun, the other with a knife), was tied and gagged, later escaped and sought help; she reported that jewelry and other articles were missing. A nearby bystander, Sunny Obligacion, heard a shot and observed Jessie Nipas running away. Publicity prompted President Aquino to direct the NBI to investigate.
NBI agents arrested Efren Nimo in Pasay City on May 5, 1989. After being advised of constitutional rights and accepting the offer of counsel (Atty. Jesus Delfin), Nimo executed a sworn extrajudicial statement admitting he and a companion entered the house to get a gun and that his firearm accidentally fired, killing Daisy; he denied taking any jewelry. The NBI also recovered a .38 "paltik" revolver from a traveling bag at the temporary residence of Neri Mendiola after Nimo pointed to the bag.
An information for robbery with homicide was filed before the Regional Trial Court (RTC), Legazpi City (Crim. Case No. 4675) on July 11, 1989, charging Nimo and the then at-large Jessie Nipas. Nimo pleaded not guilty at arraignment and proceeded to trial where the prosecution presented the eyewitness testimony of Priscilla and other evidence; the defense offered an alibi and challenged the voluntariness of the extrajudicial statement and the identification of the firearm.
On January 29, 1990, the RTC (presided by Judge Gregorio A. Consulta) found Nimo guilty of robbery with homicide and sentenced him to thirty years reclusion perpetua, ordered indemnity and restitution, and forfeited the firearm. Nimo appealed to the Supreme Court, which resolved iss...(Pro-only)
Issues:
- Was appellant Efren Nimo’s extrajudicial confession admissible in evidence?
- Was the eyewitness identification by Priscilla de Jesus sufficiently reliable to establish appellant’s culpability?
- Was the .38 “paltik” revolver properly identified and entitled to evidentiary weight?
- Did the prosecution prove beyond reasonable doubt the special complex crime of robbery ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)