Case Digest (G.R. No. 126303)
Facts:
The People of the Philippines v. Alberto Nullan y Binlaio, Vicente Alagaban y Lagunuy and Edgar Maligaya y Nullan, G.R. No. 126303, April 14, 1999, the Supreme Court En Banc, Per Curiam, writing for the Court.The prosecution charged defendants-petitioners Alberto Nullan, Vicente Alagaban and Edgar Maligaya with the July 26, 1995 murder of Benito Gotanci in Binondo, Manila. Two informations were filed: Criminal Case No. 95-146207 (against Nullan and Alagaban) and Criminal Case No. 96-147374 (against Maligaya). Each accused pleaded not guilty and the cases were tried separately but resolved in a consolidated decision by Branch 35, Regional Trial Court (RTC) of Manila (Judge Ramon P. Makasiar presiding).
At trial the prosecution relied principally on the eyewitness testimony of Alden Adona, a barbecue vendor whose stall sat two arm-lengths from the van that fetched the victim; Adona testified that on July 25 the three accused and an unidentified companion came to his stall and that they returned on July 26 when, as Gotanci prepared to board his van, Nullan approached from behind and fired two shots, with Maligaya following behind and Alagaban acting as lookout. Post-mortem findings by Dr. Manuel Lagonera established two fatal gunshot wounds as cause of death. The prosecution introduced several sworn statements and sketches by Adona.
Each accused testified and presented alibis. Nullan said he remained at home delivering ice; an employee corroborated his account. Alagaban claimed to have been in Ilocos Norte for an extended period. Maligaya testified he was in Manila City Jail on the relevant dates assisting in religious activities and later attending music classes. Maligaya also asserted an extrajudicial confession had been extracted in violation of his constitutional rights; Nullan and Alagaban alleged illegal, warrantless arrest and even torture.
The RTC found Adona credible, concluded conspiracy among the three (with an unidentified fourth) and convicted all three of murder under Article 248, as amended by ...(Subscriber-Only)
Issues:
- Was the alleged objection to warrantless arrest properly raised and, if so, did an illegal arrest require dismissal?
- Was any extrajudicial confession by Edgar Maligaya improperly admitted and prejudicial to his conviction?
- Could the conviction be upheld on the eyewitness testimony of Alden Adona despite alleged inconsistencies and rehearsals?
- Was conspiracy among the three accused established?
- Were the elements of treachery and evident premeditation proven to sustain a murder conviction and the imposition of the death penalty?
- Were the awards for actual damages, loss of earning capacity, mor...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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