Case Digest (G.R. No. 232338)
Facts:
People of the Philippines v. Ramon Quillo y Esmani, G.R. No. 232338, July 08, 2019, Supreme Court First Division, Carandang, J., writing for the Court.
The Information charged Ramon Quillo y Esmani with Murder under Article 248 of the Revised Penal Code for allegedly shooting Vivien Yap-De Castro twice in the head on May 28, 2014 in Quezon City, with the qualifying circumstance of treachery and evident premeditation. The prosecution alleged that a black motorcycle with two riders stopped beside Vivien and her companions, the back rider shouted and fired two successive shots, immediately killing Vivien.
At trial the prosecution presented five witnesses: Audrey Phoebe Yap-Lopez, Michael M. Marinas, Gina A. Besmonte, Corazon D. Dasig, and PO2 Jogene Hernandez. The companions testified that the back rider did not wear a helmet and that they saw his face; the medico-legal and autopsy reports established two gunshot wounds and that a head wound caused death. Ramon denied participation, asserting that on the date in question he had gone to Montalban to see his first wife in the hospital and later recounted an unrelated assault on June 3–4, 2014 during which he claimed police coerced admissions after his arrest.
The Regional Trial Court (RTC), Criminal Case No. R‑QZN‑14‑0548, found Ramon guilty of Murder in a June 29, 2015 decision, sentencing him to reclusion perpetua and awarding civil, moral, exemplary and actual damages to the heirs. The RTC found that Ramon, as the back rider, delivered the fatal shot and that treachery was present because the attack was sudden and victim was unsuspecting.
On appeal the Court of Appeals (CA) in a decision dated August 30, 2016 affirmed the RTC conviction but modified the damage award to carry legal interest of six percent per annum from finality. Ramon filed a Notice of Appeal on Septem...(Subscriber-Only)
Issues:
- Did the prosecution witnesses positively identify Ramon as the assailant with sufficient reliability to sustain conviction beyond reasonable doubt?
- Was treachery present in the killing of Vivien so as to qualify the offe...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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