Case Digest (G.R. No. 256720)
Facts:
Petitioners Reynante Tadeja, Ricky Tadeja, Ricardo Tadeja, and Ferdinand Tadeja were convicted of homicide for the hacking death of Ruben Bernardo after the RTC and the CA affirmed the judgment of conviction, which became final and executory on 26 July 2007. The prosecution witnesses Maria Elena Bernardo Almaria and Jacinta del Fierro testified that petitioners and their cousin Plaridel Tadeja participated in the killing at a barangay fiesta on 3 May 1994, while petitioners denied participation and presented defense theories including alibi.After conviction, petitioners sought the reopening of the case based on Plaridel Tadeja’s extrajudicial confession obtained following his apprehension on 29 November 2006, and a police spot report. The Court previously denied multiple attempts to reconsider and reopen the case, and petitioners later filed the present motion for leave to reopen for reception of further evidence in the trial court; the OSG did not object, but the Court denied
Case Digest (G.R. No. 256720)
Facts:
- Background of the homicide case
- The prosecution’s witnesses, Maria Elena Bernardo Almaria (Elena) and Jacinta del Fierro (Jacinta), watched a public dance around midnight on 3 May 1994, during the annual fiesta of Barangay Talabaan, Mamburao, Occidental Mindoro.
- Elena and Jacinta testified that they witnessed Ruben Bernardo being hacked to death by the brothers Reynante, Ricky, Ricardo, and Ferdinand Tadeja, and their first cousin Plaridel Tadeja.
- Elena and Jacinta testified that Plaridel accidentally hit Reynante while trying to hack Ruben; thus, Reynante sustained injuries.
- Elena and Jacinta testified that they stayed at the scene until Ruben was brought to the hospital.
- Petitioners’ account and the alleged parallel participation
- Petitioners alleged that Ruben and his sons, Russell and Robenson Bernardo, went to the barangay plaza after Russell was twice prevented by barangay tanods from entering the dance hall due to his drunken state and lack of upper garment.
- Petitioners claimed Ruben was brandishing a knife and cursing at the crowd.
- Petitioners alleged the Bernardos challenged Reynante, who was waiting for his children and sisters inside the dance hall.
- Petitioners alleged that Reynante’s brothers (Ricky, Ricardo, and Ferdinand) testified they were at their mother’s house at the time of the incident.
- Petitioners alleged Reynante evaded Ruben’s first knife attack, and Barangay Chairperson Lolito Tapales tried to intervene but Ruben threatened him.
- Petitioners alleged Ruben then turned back to Reynante, who tried to run away and was pursued.
- Petitioners alleged Russell and Robenson blocked Reynante’s path, causing him to lose balance and fall.
- Petitioners alleged the Bernardos took turns attacking Reynante.
- Petitioners alleged Ruben grabbed Reynante’s right hand, shouted to his sons to run away, and then stabbed Reynante on the right part of the chest and the left side of the body before running away.
- Petitioners alleged Reynante struggled back to the plaza, then was taken to the hospital by Eddie Eraso (Eddie) and two others using a jeep.
- Petitioners alleged that after the jeep’s lights and engine were turned on, Reynante’s rescuers and others saw Ruben about 15 meters away still holding a knife.
- Petitioners alleged Eddie reported the incident to the police.
- Initial questioning of Reynante and the resulting police documentation
- Police Officer Ronaldo Flores went to the hospital to question Reynante, but the inquiry was interrupted when Ruben arrived at the emergency room in serious condition.
- Ruben later died of hypovolemic shock secondary to acute blood loss due to multiple stab wounds and a hacking wound.
- On 4 May 1994, Senior Police Officer Rogelio Tomayosa continued questioning Reynante.
- Based on Reynante’s account, an Official Signal Dispatch was sent to the Philippine National Police Provincial Headquarters in San Jose, Occidental Mindoro, stating that the victim arrived to fetch his children but was chased by Ruben Bernardo and stabbed when he lost balance.
- Filing of criminal cases and joint trial
- On 15 July 1994, an Information for homicide for the death of Ruben was filed against Reynante, Ricky, Ricardo, Ferdinand, and Plaridel Tadeja; Criminal Case No. Z-814 was filed with the Regional Trial Court, Branch 44, Mamburao, Occidental Mindoro (RTC).
- Reynante filed a complaint for frustrated homicide against Russell and Robenson, docketed as Criminal Case No. Z-815 before the RTC.
- Criminal Cases Z-814 and Z-815 were tried jointly.
- RTC dispositions
- On 15 July 1997, the RTC issued a Decision in Criminal Case No. Z-814 finding Reynante, Ferdinand, Plaridel, Ricardo, and Ricky guilty beyond reasonable doubt of homicide.
- The RTC imposed an indeterminate penalty of imprisonment from six (6) years and one day of prision mayor as minimum to fourteen (14) years, eight (8) months and one day of reclusion temporal as maximum.
- The RTC ordered indemnity to Ruben’s heirs in the amount of P50,000 and ordered payment of costs.
- In Criminal Case No. Z-815, the RTC acquitted Russell and Robenson of frustrated homicide in its 14 July 1997 Decision.
- Plaridel absconded; all other accused appealed to the Court of Appeals (CA).
- CA ruling
- On 8 March 2000, the CA issued a Decision in CA-G.R. CR No. 21740 affirming the RTC Decision and its Resolution.
- The CA held that, although prosecution witnesses were relatives of the victim, they had no evil motive to testify falsely.
- The CA found that the injuries sustained by Ruben matched the stab wounds testified to by Elena and Jacinta.
- The CA found that even if three petitioners claimed they were asleep, the place was about one kilometer away and reachable within twenty (20) minutes by foot or five (5) minutes by tricycle, thus not physically impossible for them to have been at the scene.
- The CA found that conspiracy was properly appreciated based on sufficient evidence.
- The CA did not give credence to apparently conflicting testimonies of Reynante, Plaridel, and Ricky regarding what happened at the time of the incident.
- The CA explained the defenses as confusing, including:
- Reynante and Plaridel claimed Ruben chased and hit Reynante with his knife, and separately chased Plaridel, but Plaridel was not hurt.
- The CA noted that Plaridel claimed he did not see or know two men who allegedly killed Ruben, despite claiming Ruben was not killed by Plaridel.
- The CA found Ricky’s account that Plaridel was sleeping in their house at the time to be inconsistent with the defense theory.
- Petitioners’ motion for reconsideration and additional witnesses
- Petitioners moved for reconsideration and submitted transcripts of testimonies of Leticia Bernardo, Maria Regina Cortuna (Regina), and Eduardo Eraso.
- The CA denied reconsideration on 25 September 2000, reasoning that the transcripts could not affect the positive testimonies of Elena and Jacinta.
- Petitioners’ Rule 45 petition and Supreme Court Decision (first final stage)
- Petitioners filed a Petition for Review under Rule 45 seeking to set aside the CA Decision and Resolution.
- Petitioners argued that because Cases Z-814 and Z-815 were tried jointly and evidence in one case was adopted in the other, all evidence in both cases should have been considered.
- Petitioners emphasized supposed conflict between prosecution witnesses in Z-814 and Regina’s testimony in Z-815, which allegedly showed a different sequence of events.
- Petitioners argued Elena and Jacinta were not credible because their testimonies were allegedly given nearly a year after the incident, and Jacinta allegedly did not execute a statement immediately thereafter.
- Petitioners argued that alibi is a weak defense but that, under the surrounding circumstances, their non-flight was a logical and favorable indication of innocence.
- The OSG countered that testimonial evidence may be believed in part and disbelieved in another depending on corroboration and probabilities, and that conflicts could not legally prevent findings of direct participation since the trial court had discretion to assess witness credibility.
- The OSG also argued blood relationship did not necessarily make witnesses biased, and that victims or their relatives naturally note the assailant and manner of the crime, and that there was no jurisprudence that non-flight indicates innocence.
- On 21 July 2006, the Supreme Court issued a Decision affirming the CA Decision and Resolution.
- The Supreme Court held that although the totality of evidence in Cases Z-814 and Z-815 should have been considered, the testimonies of Leticia, Regina, and Eduardo would not change the RTC’s conviction.
- The Supreme Court re...(Subscriber-Only)