Case Summary (G.R. No. 179535)
Charge, arrest, plea and procedural posture
An Information for murder was filed against petitioner on June 24, 1997. Petitioner was arrested on July 1, 1997, arraigned on July 7, 1997, and pleaded not guilty. The trial proceeded on the prosecution’s evidence; petitioner did not present a defense case but filed a demurrer to evidence which was not acted upon by the trial court.
Evidence presented by the prosecution
Key prosecution evidence included: (1) the notarized sworn statement of Romeo Reyes, as recounted in-court by NBI Agent Segunial; (2) testimony of Rodolfo Dayao identifying the red Ford Escort as the same car he sold to Sotero Paredes; (3) testimony of the victim’s widow, Sabina Berbon, regarding her assistance to Reyes and his subsequent disappearance; and (4) the autopsy report by Dr. Ludivino J. Lagat establishing multiple gunshot wounds and indicating high-powered firearms were used. Documentary proof of medical and funeral expenses was also introduced.
Defense posture and weaknesses
Petitioner did not testify nor present witnesses; he filed a demurrer to evidence that the trial court did not resolve. He challenged the admission and probative value of Reyes’s Sinumpaang Salaysay on hearsay and confrontation grounds, arguing that Reyes was not presented to confirm the content and that the prosecution failed to prove guilt beyond reasonable doubt, particularly since no eyewitness saw the killing.
RTC trial court ruling
The Regional Trial Court convicted petitioner of murder and sentenced him to reclusion perpetua, awarding civil indemnity and actual and compensatory damages supported by receipts. The RTC credited the prosecution’s evidence sufficiently to find that qualifying circumstances attended the killing.
Court of Appeals modification and ruling
On appeal the Court of Appeals affirmed the conviction but modified the crime from murder to homicide, holding that the prosecution failed to prove attendant circumstances of abuse of superior strength and nighttime as aggravating circumstances. The CA imposed an indeterminate sentence with minimum prision mayor and maximum reclusion temporal and sustained the damage awards then already assessed by the RTC.
Issues before the Supreme Court
The principal issues addressed were (1) whether Reyes’s sworn statement (Sinumpaang Salaysay), as recounted by an NBI agent, was inadmissible hearsay depriving petitioner of confrontation and cross-examination; and (2) whether the circumstantial evidence presented, taken as a whole, constituted an unbroken chain sufficient to convict petitioner beyond reasonable doubt.
Legal standards on circumstantial evidence applied
The Court applied Section 4, Rule 133 of the Rules of Court: circumstantial evidence suffices for conviction when (i) there is more than one circumstance, (ii) the facts from which the inference is drawn are proven, and (iii) the combination of all circumstances produces a conviction beyond reasonable doubt. The Court reiterated that all circumstances must be consistent with one another, consistent with the hypothesis of guilt, and inconsistent with innocence, such that they form an unbroken chain pointing to the accused to the exclusion of others.
Analysis of Reyes’s sworn statement and hearsay doctrine
The Court reasoned that NBI Agent Segunial’s testimony recounting that Reyes executed a sworn statement was admissible not to prove the truth of the facts asserted in that statement but to prove that Reyes in fact made that statement—i.e., the testimony was an independently relevant statement. Under Section 36, Rule 130 and established doctrine, proof that a statement was made may be admissible when the fact of the making is itself relevant, and the hearsay rule does not apply to such use. Moreover, Reyes’s written sworn statement was a notarized document, presumptively authentic under Section 30, Rule 132, with that presumption not rebutted by clear and convincing evidence. The Court therefore concluded the trial courts did not err in receiving and giving probative value to the statement as recounted.
The unbroken chain of circumstances and sufficiency to convict
The Supreme Court identified the concordant circumstances that produced an unbroken chain: (1) Reyes’s sworn account that petitioner was heard threatening the victim and was seen armed with a .45 pistol while Sotero had an armalite and both boarded a red car; (2) identification of the red Ford Escort by its prior owner as the same car sold to Sotero months earlier; (3) proof that the victim was fatally shot on the same date and that the assailants fled in a red car; and (4) forensic findings of multiple gunshot wounds caused by high-powered firearms consistent with the weapons described. The Court added petitioner’s escape from detention during the pendency of the case as an additional incriminating circumstance. Considering these facts cumulatively and respecting the trial court’s credibility findings affirmed by the CA, the Court concluded that the circumstantial evidence established guilt beyond reasonable doubt.
On downgrade from murder to homicide and sentencing
Although the initial Information charged murder with alleged attendant circumstances, the Supreme Court agreed with the CA that the prosecution did not sufficiently prove the qualifying aggravating circumstances of abuse of superior strength or nighttime. Because those circumstances were unprov
...continue readingCase Syllabus (G.R. No. 179535)
Factual Antecedents
- On December 15, 1996, Alberto Berbon y Downie, 49-year-old Senior Desk Coordinator of DZMM, was shot in the head and different parts of his body in front of his house in Imus, Cavite by unidentified gunmen who immediately fled the scene in a waiting car.
- An Information charging the petitioner with murder was filed on June 24, 1997 before the Regional Trial Court (later docketed as Criminal Case No. 4898-97).
- The accusatory portion alleged that petitioner, together with Sotero Paredes and three other unidentified persons, armed with firearms, conspired and attacked and shot Alberto with intent to kill, with treachery, evident premeditation and taking advantage of superior strength.
- Petitioner was arrested on July 1, 1997, arraigned on July 7, 1997, and pleaded not guilty.
- Romeo Reyes (Reyes) was earlier arrested for Illegal Possession of Deadly Weapon; during investigation Reyes gave a sworn statement (sinumpaang salaysay) dated February 10, 1997, saying he saw petitioner and Sotero Paredes board a red car on December 15, 1996, armed respectively with a .45 caliber pistol and an armalite, and that petitioner said, "ayaw ko nang abutin pa ng bukas yang si Berbon."
- Reyes posted bail on February 14, 1997, then jumped bail and was not presented at trial.
- Rodolfo Dayao testified he sold a red Ford Escort to three persons on September 1, 1996, and later identified the car from police photographs.
- Dr. Ludivino J. Lagat, NBI Medico-Legal Officer, performed the autopsy and reported multiple gunshot wounds consistent with high-powered guns.
- Petitioner escaped from detention on August 26, 1998 while the case was pending.
Charges and Procedural Posture
- Information (filed June 24, 1997) charged petitioner with murder alleging treachery, evident premeditation, taking advantage of superior strength, and acting with co-accused including Sotero Paredes and three unidentified persons.
- Trial court (RTC, Branch 90, Imus, Cavite) rendered a Decision on August 31, 1999 finding petitioner guilty of murder, sentencing him to reclusion perpetua, and ordering specific compensatory and indemnity payments to the heirs.
- Pursuant to People v. Mateo, the case was transferred to the Court of Appeals (CA) by the Supreme Court on March 22, 2006 for appropriate action.
- The CA promulgated a Decision on July 6, 2007 modifying the RTC judgment, convicting petitioner of homicide instead of murder and imposing an indeterminate sentence; petitioner’s Motion for Reconsideration was denied by the CA on September 14, 2007.
- Petitioner filed a Petition for Review on Certiorari to the Supreme Court (G.R. No. 179535).
Evidence Presented by the Prosecution
- Testimony of NBI Agent Dave Segunial recounting the written sworn statement of Romeo Reyes (sinumpaang salaysay) reduced to writing on February 10, 1997, including the overheard words of petitioner, the sighting of petitioner and Sotero armed with a .45 and an armalite respectively, and their boarding of a red car.
- Photographic evidence and testimony of Rodolfo Dayao identifying the red Ford Escort he had sold in September 1996 as the same red car depicted in photographs and connected to the escape vehicle used after the killing.
- Autopsy report and testimony by Dr. Ludivino J. Lagat showing multiple gunshot wounds and concluding wounds indicative of high-powered firearms.
- Documentary evidence: notarized sworn statement of Reyes subscribed and sworn before Atty. Cesar A. Bacani; receipts and documentary support for medical and burial expenses and other monetary claims presented at trial.
Defense and Procedural Acts by Accused
- Petitioner did not present witnesses or other substantive evidence in his defense.
- Petitioner filed a Demurrer to Evidence without leave of court, but no action was taken by the trial court on it; he then moved that the case be deemed submitted for decision.
- On appeal and review, petitioner principally contended that Reyes’ sinumpaang salaysay was hearsay, inadmissible, and that his constitutional right to confront and cross-examine accusers was denied because Reyes was not produced to confirm or authenticate the statement; petitioner further argued insufficiency of circumstantial evidence to prove guilt beyond reasonable doubt.
Trial Court (RTC) Decision
- RTC Decision dated August 31, 1999 found petitioner guilty beyond reasonable doubt of murder as charged.
- RTC imposed sentence of reclusion perpetua.
- RTC ordered petitioner to pay heirs of Alberto civil indemnity of P50,000.00 and actual and compensatory damages aggregating P135,000.00 as funeral expenses (with itemized amounts including interment fee P8,360.00, medical expenses P1,519.45, and contract fees P15,700.00).
- RTC ordered transfer to the National Penitentiary at Muntinlupa City, citing petitioner as a high risk prisoner.
Court of Appeals Decision
- CA Decision dated July 6, 2007 affirmed the RTC decision with modification: reduced the crime from murder to homicide because alleged attendant aggravating circumstances (abuse of superior strength and nighttime) were not proven.
- CA imposed an indeterminate sentence: minimum ten (10) years (prision mayor) and maximum seventeen (17) years and four (4) months (reclusion temporal), crediting petitioner for the period of preventive imprisonment.
- CA left the RTC’s awards for civil indemnity and actual damages intact in all other respects.
- CA denied petitioner’s Motion for Reconsideration by Resolution dated September 14, 2007.
Issues on Review and Parties’ Contentions
- Central issues raised:
- Whether Reyes’ sinumpaang salaysay, not authenticated by Reyes at trial, was admissible and properly given probative value.
- Whether the circumstantial evidence presented was sufficient to prove petitioner’s guilt beyond reasonable doubt.
- Petitioner’s contentions:
- Admission and consideration of Reyes’ sinumpaang salaysay violated his right to confront witnesses and constituted inadmissible hearsay, rendering the evidence insuffici