Case Digest (G.R. No. 102079)
Facts:
People of the Philippines v. Henry Salveron, G.R. No. 102079, November 22, 1993, First Division, Cruz, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Henry Salveron.
The factual background reaches back to May 22, 1981, when Gloria de Felipe was allegedly robbed and raped by Raul Salveron, Jesus Dalida, Mauricio Dumangas and others. During the subsequent trial in 1982, Raul Salveron was shot dead inside a bus; Jesus Dalida was later killed; Mauricio Dumangas survived an attack and accused his assailants. These events set the scene for continuing violent reprisals among the parties.
On March 26, 1986, Rosibal de Felipe, Gloria’s husband, was gunned down in Barangay Dolores, Municipality of Balasan, Iloilo. An information for murder was filed against Henry Salveron (son of Raul) and Federico Sadava. At trial before Judge Ricardo P. Galvez of the Regional Trial Court, Iloilo City, the prosecution’s key witness, Victoriano Gregorio, testified that he encountered Salveron shortly before hearing gunshots and then saw Salveron standing on the bridge with a long firearm; Rosibal was found dead with multiple gunshot wounds on the head, body, arm and thigh. Captain Nicanorito Gomez and police recovered Salveron and Sadava in Anilao; a forensic chemist, Zenaida Sinfuego, testified that both tested positive for gunpowder residue.
The defense asserted an alibi: Salveron testified he was in Anilao helping his ailing uncle farm and hunting with a licensed .22 rifle on the relevant dates; his uncle Romeo Salveron and Elvira Barredo corroborated this. After assessing the evidence the trial court acquitted Sadava for lack of proof of conspiracy but convicted Henry Salveron of murder and sentenced him to reclusion perpetua with indemnity of P50,000 plus costs.
Salveron appealed, contesting the sufficiency and character of the evidence (motive, flight, paraffin/nitrate burns, and t...(Subscriber-Only)
Issues:
- Did the prosecution prove that the killing of Rosibal de Felipe was murder qualified by evident premeditation or treachery?
- Did the paraffin (paraffin test for gunpowder residue) given to the accused violate his right against self-incrimination?
- Was the testimony of Victoriano Gregorio admissible despite his omission from the list of witnesses attached to the information?
- Was the identification by Gregorio and the totality of the evidence sufficient to sustain convict...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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