Case Digest (118967)
Facts:
People of the Philippines v. Ernesto Dela Cruz, G.R. No. 118967, July 14, 2000, First Division, Kapunan, J., writing for the Court.The prosecution charged Ernesto dela Cruz (appellant) with murder for the November 2, 1991 killing of Aurelio Goze in Gattaran, Cagayan. The information alleged that appellant and two unidentified companions, armed with long firearms and with evident premeditation and treachery, shot Goze repeatedly, causing his death. The Municipal Trial Court of Gattaran issued an arrest warrant on June 25, 1992; appellant was arrested August 26, 1992, and his bail was later reduced from P50,000 to P30,000. Before arraignment appellant moved for reinvestigation supported by affidavits of Emiterio Domingo and Eduardo Suldan implicating Lt. Hercules Ileto and certain sergeants; the Assistant Provincial Prosecutor denied due course to that motion on May 18, 1993, finding the affiants to be perjured witnesses.
At trial the prosecution relied primarily on the eyewitness testimony of Zenaida Goze (the victim’s widow), who described the forcible entry into the couple’s small house, seeing appellant downstairs by light in the house, and witnessing appellant shoot her husband at about thirty meters while two companions also fired. Police witness SPO4 Franklin Tagupa corroborated the scene location and investigative steps; the victim’s body was later exhumed revealing multiple fractures and gunshot injury. Appellant’s defense consisted of a denial and an alibi: he testified he spent the night at a CAFGU/military detachment in Barangay Sidem and was told by soldiers to remain there for fear of NPA raids; he claimed he was awakened by gunfire, was later warned by Lt. Ileto not to speak, and that Ileto admitted to killing the cousin while drunk. Appellant executed an affidavit before the Commission on Human Rights asserting soldiers’ responsibility; Domingo and Suldan likewise executed a joint affidavit and Suldan later testified recounting a drinking session and seeing Lt. Ileto shoot the victim from about 20 meters.
The Regional Trial Court (RTC), Branch 9, Cagayan, convicted appellant of murder (Art. 248, par. 1 & 5, RPC) on March 15, 1994, finding the prosecution witnesses credible and appellant’s alibi and explanations unworthy of belief; it sentenced him to reclusion perpetua, ordered indemnity and damages, and added a provision barring parole or pardon. Appellant, through counsel de oficio, appealed to the Supreme Court assigning errors that the trial court e...(Pro-only)
Issues:
- Did the trial court err in finding appellant guilty beyond reasonable doubt?
- Were the qualifying circumstances of treachery and evident premeditation and the aggravating circumstance of nighttime proven as alleged?
- Was the trial court correct in directing that appellant’s sentence be imposed "with prejudice against the ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)