Case Digest (G.R. No. 123485)
Facts:
In People of the Philippines vs. Rolusape Sabalones alias “Roling” and Artemio Timoteo Beronga (G.R. No. 123485, August 31, 1998), the respondents Sabalones and Beronga, together with co-accused Teodulo Alegarbes and Eufemio Cabanero, were charged by the RTC of Cebu City, Branch 7, with two counts of murder and three counts of frustrated murder under Article 248 of the Revised Penal Code. The incidents occurred on June 1, 1985 at around 11:45 PM in Mansueto Village, Bulacao, Talisay, Cebu, when two vehicles in convoy—a jeep carrying Glenn Tiempo, Rey Bolo and Alfredo Nardo and a car carrying Nelson Tiempo, Rogelio Presores and others—were fired upon by assailants armed with high-powered firearms. Glenn and Alfredo died instantly; Nelson, Rey and Rogelio survived with grievous wounds. After preliminary investigation, four “John Does” were indicted; two were later identified as Sabalones and Beronga, arraigned and tried jointly. Alegarbes died during trial; Cabanero remained at laCase Digest (G.R. No. 123485)
Facts:
- The Incident and Victims
- On June 1, 1985 at about 11:45 PM in Mansueto Village, Bulacao, Talisay, Cebu, two vehicles—a jeep and a car—travelled in convoy to the home of Stephen Lim. Suddenly gunmen opened fire from behind a 42-inch wall.
- Glenn Tiempo and Alfredo Nardo, riding in the jeep, sustained multiple gunshots and died instantly. Nelson Tiempo, Rey Bolo and Rogelio Presores, in the trailing car, were also shot and severely wounded. Medical and medico-legal officers (Diola, Cerna) confirmed the fatal wounds.
- Investigation and Criminal Informations
- After preliminary investigation, five amended Informations (Crim. Cases CBU-9257 to CBU-9261) were filed in RTC Branch 7, Cebu City, charging four “John Does,” later identified as Rolusape Sabalones (alias “Roling”), Artemio Timoteo Beronga, Teodulo Alegarbes and Eufemio Cabanero, with two counts of murder (Art. 248, RPC) and three counts of frustrated murder (Arts. 248 and 50, RPC).
- Alegarbes died during trial; Cabanero remained at large. Sabalones and Beronga were arrested (Sabalones jumped bail and recaptured in 1988), arraigned, pleaded not guilty, and jointly tried.
- Trial Court and Court of Appeals Decisions
- RTC (Judge Juaban) convicted Sabalones and Beronga of two murders with qualifying treachery and three frustrated murders; sentenced them to varying periods of reclusion temporal and prision mayor; ordered indemnities of ₱50,000 for each homicide and ₱20,000 for each wounded victim; credited preventive detention.
- On appeal, the CA affirmed guilt, modified murder penalties to reclusion perpetua and frustrated murder penalties to prision mayor (10 years minimum) to reclusion temporal (17 years 4 months maximum); upheld indemnities; refrained from entering judgment and certified record to the Supreme Court under Rule 124, § 13.
Issues:
- Whether the prosecution evidence and positive identifications by credible witnesses sufficiently proved appellants’ guilt.
- Whether appellants’ defenses of denial, alibi and claimed violations of constitutional rights during custodial investigation warranted acquittal or suppression of evidence.
- Whether the crimes were correctly characterized and punished, and whether the indemnities awarded were proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)