Case Digest (G.R. No. 175881)
Facts:
People of the Philippines v. Armando Rodas and Jose Rodas, Sr., G.R. No. 175881, August 28, 2007, First Division, Chico-Nazario, J., writing for the Court.The prosecution charged Jose Rodas, Sr. and his sons Charlito, Armando and Jose Jr. with murder for the killing of Titing Asenda on or about August 9, 1996 in Siayan, Zamboanga del Norte; the information alleged treachery, evident premeditation, nocturnity and abuse of superior strength and sought indemnity and loss of earning capacity. When arraigned on November 22, 1996, all four pleaded not guilty; pre-trial was terminated December 6, 1996 and trial followed. The prosecution presented five witnesses (Alberto Asonda, Danilo Asenda, Ernie Anggot, Blessie Antiquina and PO1 Pablo Yosores) and formally offered Exhibits A–H.
Before the prosecution rested, Charlito and Jose Jr. withdrew their not-guilty pleas and pleaded guilty to the lesser offense of homicide (Charlito on October 17, 1997; Jose Jr. on May 29, 1998) and were sentenced each to an indeterminate term and ordered to indemnify the heirs. The eyewitnesses Asonda and Anggot testified they saw the four Rodas surround and assault the victim at a benefit dance; the defense witnesses (Armando, Jose Sr. and Vilma Rodas) testified that only Charlito and Jose Jr. participated and that Armando and Jose Sr. were elsewhere or uninvolved.
On July 9, 1998 the Regional Trial Court (RTC), Sindangan, Zamboanga del Norte, Branch XI, found appellants Armando and Jose Sr. guilty of murder and sentenced each to reclusion perpetua and ordered them to indemnify the heirs P12,500 each (total P25,000). The RTC credited the eyewitnesses, found conspiracy and treachery proven, and rejected the alibi and denials as unsubstantiated.
The RTC record was forwarded to the Supreme Court following a notice of appeal but, pursuant to People v. Mateo, the case was remanded to the Court of Appeals (CA). In CA-G.R. CR-HC No. 00289 the Court of Appeals, in a decision penned by Associate Justice Sixto Marella, Jr., affirmed the RTC decision in toto on July 28, 2006. Appellants timely sought review before the Supreme Court by appeal; the Co...(Subscriber-Only)
Issues:
- Did the trial court err in finding that accused-appellants Armando Rodas and Jose Rodas, Sr. were present at the dance and participated in the attack on the victim?
- Assuming the accused are guilty, are they liable only for homicide rather than murder (i.e., were qualifying or aggravating circumstances such as treachery, evident premeditation, nocturnity, and abuse ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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