G.R. No. 77779 - People vs. Roca y Murrey

On the afternoon of April 25, 1981, a volleyball competition was held at the basketball court of Barangay Libis along E. Rodriguez Avenue Extension, Quezon City.
The event featured local residents and barangay officials, including Dominador Roca—chief executive officer of the Tanod Brigade—and his wife, with their daughter participating as a member of one of the competing teams.

During the event, Dominador Roca slapped the coach of the Gallant Team, prompting Oscar Macalino, a resident of the barangay, to inquire about his motive.
In response, Dominador pushed Oscar, nearly causing him to fall from his elevated seat, and threatened to kill him; it was noted by Oscar that Dominador smelled of liquor.
Following the incident, Oscar sought advice from his aunt, Teresita Macalino, at her store, who advised him to return home immediately.

Dominador proceeded toward Oscar’s house, specifically in front of the Macalinos’ residence.
A heated altercation ensued between Dominador and Oscar once the latter was inside his home.
Florencio Macalino, Oscar’s brother, came outside to intervene and inquired about the cause of the conflict, leading to an exchange of words between him and Dominador.

Dominador drew his bladed weapon during the confrontation.
As Florencio and Dominador assumed opposing stances, Herman Roca—Dominador’s son—appeared carrying a bayonet.
Herman stabbed Florencio from behind and, upon the victim’s turn to face him, continued to stab Florencio several times, resulting in six stab wounds and two incised wounds on Florencio’s arm.
Dominador acted as an alalay (support), ensuring that no one would come to Florencio’s aid during the assault.
A witness, Heli Teves, shouted “tama na iyan” (that is enough), which temporarily halted the assault.

Florencio managed to run about ten yards before collapsing and was brought to the Quirino Memorial Hospital where he was later declared dead by the medico-legal officer.
Patrolman Teodoro A. Ybuan conducted an ocular inspection of the crime scene and interrogated witnesses, with his findings later forming part of the investigative report.
Prior to the completion of the investigation, Dominador had voluntarily surrendered to the police.
Dominador Roca and his son Herman Roca were charged with murder in an information filed in the Court of First Instance of Quezon City.
Herman, being at large, was not arraigned at the same time; Dominador entered a plea of not guilty.

After trial on the merits in the Regional Trial Court (successor to the CFI), the court found Dominador guilty of murder on February 17, 1987.
The judgment imposed the penalty of reclusion perpetua and ordered Dominador to pay damages amounting to P30,000.00 to the heirs of Florencio Macalino.

Misinterpretation of Heli Teves’ testimony as exculpatory rather than incriminatory.
Erroneous reliance on the investigation and findings of Patrolman Ybuan which allegedly did not prove joint participation in the killing.
The assertion that the post-investigation statements by Patrolman Ybuan should not be deemed part of the res gestae.
Disputing the trial court’s observation of Dominador’s agitated demeanor and his actions following Oscar Macalino.
Questioning the credibility and presence of Conrado Ordono at the scene.
Disapproving the weight given to the testimony of Ladislao Pasco.
Contending that no conspiracy was established between Dominador and his son Herman.
Invoking the presumption of innocence and arguing lack of evidence linking Dominador to the physical act of stabbing Florencio.

Whether Heli Teves’ testimony, which noted that Dominador arrived at the scene before his son and did not inflict the fatal wound, should be considered exculpatory for Dominador.
Whether the investigation conducted by Patrolman Teodoro A. Ybuan sufficiently established that Dominador and Herman acted in concert to kill Florencio Macalino.
Whether the post-investigation statements made during the same evening should be admitted as part of the res gestae under Section 36, Rule 130 of the Revised Rules of Court.
Whether the trial court erred in characterizing Dominador’s emotional state and subsequent actions—specifically, following Oscar Macalino to his house and demanding his attention—as indicative of guilt.
Whether the trial court was correct in casting doubt on the presence and testimony of Conrado Ordono at the scene of the incident.
Whether discrediting the testimony of Ladislao Pasco and attributing a secretive motive to Dominador was erroneous.
Whether the evidence presented was sufficient to establish conspiracy and common criminal design between Dominador and his son Herman, given that only Herman physically attacked Florencio.
Whether the trial court improperly shifted the burden away from the prosecution by not adhering to the presumption of innocence in determining Dominador’s participation in the crime.
Whether the overall evidentiary basis linking Dominador to the stabbing of Florencio Macalino was legally inadequate to sustain a conviction for murder.