Case Digest (G.R. No. 115008-09)
Facts:
In People of the Philippines v. Daniel Quijada y Circulado (G.R. Nos. 115008–09, July 24, 1996), the accused-appellant Daniel Quijada was charged in the Regional Trial Court of Bohol with two offenses arising from the same incident on the night of December 30, 1992, in Barangay Tinago, Dauis, Bohol. In Criminal Case No. 8178 he was indicted for murder under Article 248 of the Revised Penal Code, alleged to have shot and killed Diosdado Iroy y Nesnea with a treacherous .38-caliber revolver at a benefit dance. In Criminal Case No. 8179 he faced qualified illegal possession of a firearm under P.D. No. 1866, accused of carrying the same unlicensed revolver used in the killing. At trial, the prosecution presented police officers, medical and ocular witnesses, including Rosita Iroy who positively identified Quijada as the shooter. The defense invoked alibi through Quijada’s testimony and relatives, but the trial court doubted their credibility. On September 30, 1993, Branch 1 of the RCase Digest (G.R. No. 115008-09)
Facts:
- Parties and trial court decision
- Accused-appellant Daniel Quijada was charged in two informations:
- Murder under Article 248, Revised Penal Code
- Qualified illegal possession of firearm under P.D. No. 1866
- On 30 September 1993, RTC Branch 1, Bohol found appellant guilty of both offenses, sentencing him to:
- Reclusion perpetua for murder
- Indeterminate sentence of 17 years, 4 months, 1 day to 20 years, 1 day for illegal possession
- Shooting incident and apprehension
- 25 December 1992: At a benefit dance in Tinago, Dauis, Bohol, victim Diosdado Iroy boxed appellant for pestering his sister
- 30 December 1992 (11:30 PM): At a second benefit dance, appellant crept behind the unarmed Iroy, shot him in the back of the head with a .38 caliber revolver, then fled
- Iroy was rushed to hospital but died of massive intracranial hemorrhage; the bullet was recovered from the midbrain
- 31 December 1992: Appellant and his father surrendered at Dauis police station; witnesses Rosita Iroy and Elenito Nistal positively identified him
- Evidence at trial
- Prosecution witnesses: SPO4 Felipe Nigparanon (Acting Chief of Police), SPO Gondalino Inte, Dr. Greg Julius Sodusta, Rosita Iroy, Teodula Matalinis
- Eyewitness testimony (Rosita Iroy): She stood ~5 meters from victim in a well-lit plaza, saw appellant fire a single shot at ~11:30 PM
- Medical evidence: Dr. Sodusta’s medico-legal report confirming fatal gunshot wound
- Firearm licensing: Certifications showed appellant had no license or permit to carry the .38 revolver
- Defense evidence: Alibi witnesses (Alfred Aranzado, Edwin Nistal, Julius Bonao, Saturnino Maglupay) claimed appellant was soliciting passengers in Tagbilaran at the time
Issues:
- Whether the trial court erred in crediting prosecution witnesses and rejecting the alibi defense
- Whether positive identification was reliable given lighting and witness position
- Whether appellant had motive to fabricate witness testimony
- Whether separate convictions for murder and aggravated illegal possession violate double jeopardy
- Appropriate penalty in light of constitutional proscription of the death penalty
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)