Case Digest (G.R. No. L-17748)
Facts:
In People of the Philippines vs. Bernabe P. Palanas alias “Abe” (G.R. No. 214453, June 17, 2015), an Information was filed before the Regional Trial Court (RTC) of Pasig City, Branch 157, charging Bernabe P. Palanas with the murder of SPO2 Ramon Borre y Orio on March 26, 2006 in Pasig City. The prosecution’s evidence showed that at about 6:40 a.m., two armed men fired four successive shots at SPO2 Borre while he was carrying his five-month-old grandson outside his home. PO3 Leopoldo Zapanta positively identified Palanas as delivering the fatal shot. Despite being rushed to Pasig City General Hospital, SPO2 Borre died later that morning. En route to the hospital, the victim repeatedly identified “Abe,” “Aspog,” or “Abe Palanas” as his assailant, statements later admitted as a dying declaration and part of the res gestae. Palanas pleaded denial and alibi, claiming he was in Parañaque City with his sick father on March 25 and at a baptism in Tondo on March 26. The RTC, finding theCase Digest (G.R. No. L-17748)
Facts:
- Information and Charge
- On or about March 26, 2006, in Pasig City, Bernabe P. Palanas alias “Abe” was charged by Information No. 133352-H before RTC Branch 157, Pasig City, with Murder under Article 248 of the RPC, as co-principal with an at-large accomplice, alleging qualifying circumstances of treachery and evident premeditation.
- The Information alleged that the accused and his accomplice, armed with a gun, willfully, unlawfully, and feloniously shot SPO2 Ramon Borre y Orio on the head and body, causing his death, then fled on a motorcycle with the victim’s firearm.
- Prosecution Version
- At around 6:40 a.m. of March 26, 2006, PO3 Leopoldo Zapanta heard four successive gunshots outside SPO2 Borre’s residence at Block 14, Kenneth St. corner Eusebio Ave., Pasig City. Looking out, he saw two men with .38-caliber revolvers; he identified Palanas as the one who fired the fourth shot.
- The assailants immediately fled on a motorcycle driven by the accused.
- Victim’s Statements and Death
- Zapanta and Borre’s stepson, Ramil Ranola, brought the mortally wounded Borre to Pasig City General Hospital. En route, Borre repeatedly named “Abe,” “Aspog,” or “Abe Palanas” as his shooter. His wife, Resurreccion, heard the same at the hospital.
- At around 11:00 a.m. of the same day, SPO2 Borre died from multiple gunshot wounds to the head and trunk.
- Defense of the Accused
- Palanas pleaded denial and alibi, claiming he spent March 25, 2006 in Parañaque City with his sick father, and March 26 at a baptism in Tondo, Manila until 9:00 p.m., then returned to Parañaque.
- He asserted ignorance of the shooting until a neighbor informed him of the accusation.
- Lower Courts’ Rulings
- RTC Decision (Oct. 20, 2010) found Palanas guilty of Murder with treachery, imposed reclusion perpetua, and awarded P50,000 civil indemnity, P25,000 exemplary damages, P50,000 moral damages, and P2,464,865.07 actual damages; rejected premeditation and alibi.
- CA Decision (Jan. 16, 2014) affirmed conviction, increased civil indemnity to P75,000 and exemplary damages to P30,000, and upheld admission of Borre’s statements as dying declaration and res gestae.
Issues:
- Whether the conviction of Bernabe P. Palanas for Murder under Article 248, RPC, should be upheld, in view of:
- The presence of treachery as qualifying circumstance;
- The admissibility of the victim’s statements as dying declaration and res gestae; and
- The proper rejection of the defense of alibi.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)