Case Digest (G.R. No. 139622)
Facts:
People of the Philippines v. Pedro Perreras @ Pepot and Boy Fernandez (At Large), G.R. No. 139622, July 31, 2001, the Supreme Court En Banc, Bellosillo, J., writing for the Court. The plaintiff-appellee was the People of the Philippines; the accused-appellant was Pedro Perreras @ Pepot (co-accused Boy Fernandez remained at large).On the night of 21 July 1998 in Bacayao Norte, Dagupan City, Pedro Perreras and Boy Fernandez approached several barrio residents at a waiting shed and, after some conversation, followed one witness, Leonardo Salazar, to the front of the house of Estanislao Salo. From a position outside the house and within illuminated range of a nearby mercury lamp, Perreras allegedly rolled up his sleeves, drew a pistol and fired at Estanislao, striking him in the left parietal area. Leonardo and Estanislao’s wife, Leonora Salo, positively identified Perreras as the shooter; Leonardo testified he was about ten meters away when the shooting occurred. Estanislao was transported to Villaflor Hospital and died the next morning; autopsy by Dr. Benjamin Bautista showed a close-range gunshot wound to the head consistent with a seated victim.
Perreras was arrested on 22 August 1998 in Echague, Isabela; SPO4 Alfredo Flores testified Perreras admitted the killing and signed the arrest warrant. Perreras later denied the confession, claimed an alibi (that he had been in Isabela since 11 July 1998), asserted he could not write and that his signature was forced, and alleged he had been mauled in custody. He also produced a death certificate purporting to show his companion Boy Fernandez had been dead since 1994; the prosecution rebutted with witnesses who knew Boy Fernandez and confirmed he was alive.
The Regional Trial Court, Branch 42, Dagupan City (Decision by Judge Luis M. Fontanilla, promulgated 4 June 1999) found Perreras guilty of murder with treachery and dwelling as aggravating circumstance, sentenced him to death, and awarded multiple da...(Subscriber-Only)
Issues:
- May the aggravating circumstance of dwelling be considered when it was not alleged in the information, in view of Sections 8 and 9 of the Revised Rules on Criminal Procedure?
- Was the evidence sufficient to convict accused-appellant Pedro Perreras of murder?
- Was the death penalty properly imposed in this case?
- Were the awards for actual damages, civil indemnity, loss of earning capacity, and...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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