Case Digest (G.R. No. 113517)
Facts:
People of the Philippines v. Pat. Florestan Nitcha y Dulay, G.R. No. 113517, January 19, 1995, Supreme Court Third Division, Melo, J., writing for the Court.
The prosecution charged defendant-appellant Florestan Nitcha with murder before Branch 52, Regional Trial Court (RTC), First Judicial Region, Tayug, Pangasinan. On September 22, 1994 the trial court convicted him of murder and sentenced him to reclusion perpetua, and ordered payment of indemnity (P50,000), moral damages (P25,000), exemplary damages (P20,000), and actual expenses (P43,000).
The factual narrative accepted by the Office of the Solicitor General and adopted by the Court below was that on October 7, 1990 an affray occurred at a sari-sari store in Purok IV, Barangay Alac, San Quintin, Pangasinan when Doro (Doro) Nitcha assaulted Jojo Belmonte. Doro was dragged away by his sister; shortly thereafter appellant Florestan arrived, brandished a firearm, shouted threats, and fired at the group. Witnesses Jojo Belmonte, Agustin Sibayan and Joselito Sibayan testified that Florestan shot May Villarica (a.k.a. Lydia) Sibayan in the back of the head at a distance of about three to four meters. May was taken to a hospital but died en route. Appellant surrendered at the police station with his service firearm soon after the incident.
At trial the prosecution relied principally on the positive identifications of the three eyewitnesses. Appellant denied responsibility and advanced an alternative theory that an unnamed companion of Jojo Belmonte fired the fatal shot which missed appellant’s brother and accidentally struck May. The RTC disbelieved the defense and convicted for murder. App...(Pro-only)
Issues:
- Did procedural infirmities (hearsay from a witness allegedly heard in the absence of counsel, judicial bias, illegal arrest/detention, and absence of preliminary investigation) deprive appellant of due process?
- Was appellant’s guilt proven beyond reasonable doubt by positive eyewitness identification?
- Was the killing committed with treachery so as to constitute murder under Article 248 of the Revised Penal Code?
- If treachery is absent, what is the proper classificatio...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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