Title
Gonzales, Jr. vs. People
Case
G.R. No. 159950
Decision Date
Feb 12, 2007
Joel Gonzales convicted of arson for setting fire to a residential building in Quezon City, causing P5.465M in damages; affirmed by Supreme Court with modified penalties and damages.
arson
residential building
faulty electrical wiring

Case Summary (G.R. No. 159950)

Facts Giving Rise to the Charge

The prosecution’s evidence centered on eyewitness accounts that tied petitioner to the ignition and spread of the fire. Carlos C. Canlas testified that at about 9:30 p.m. on June 26, 1997, he was watching television when his daughter alerted him to commotion in an adjacent room. While moving toward the room rented by petitioner, Canlas stated that he smelled gas. He then claimed that he saw petitioner ignite a flame and throw it on a pile of clothes in the living room. Canlas further testified that petitioner had placed an M-Gas liquefied petroleum gas (LPG) tank in the same living room area. He stated that the fire rapidly spread to other parts of the building.

The tenant Andres V. Villaflor testified that before the fire, he heard petitioner and petitioner’s aunt quarreling. He alleged that he heard petitioner yell, “Susunugin ko itong bahay na ito!” Alarmed, Villaflor went to the barangay hall to report the incident. He returned immediately after learning that his own house was on fire. Francis F. Simpao testified that he saw the fire coming from petitioner’s room. He added that petitioner was laughing while the building was burning. After the fire was extinguished, Simpao testified that petitioner’s aunt told him that petitioner was to blame.

To corroborate the identification and admission, Police Officer Alejandro Mendoza testified that when he and a fellow officer arrived at the crime scene, petitioner admitted responsibility for the fire.

Defense Theory and Presented Evidence

Petitioner presented a contrary narrative and sought to negate criminal agency. He alleged that the fire was caused by faulty electrical wiring. He testified that he was napping in his room when he was awakened by heat beside his bed. He said the room was already on fire when he woke, and he shouted for help. He claimed that Canlas tried to help extinguish the fire but they failed. Petitioner denied that he had quarreled with his aunt before the fire, and he explained that because his aunt was partly deaf, he had to speak loudly. He averred that he merely asked his aunt to buy food because they had run out of M-Gas LPG. He also testified that when he met PO1 Mendoza, he explained that he noticed the fire had started in his room, and he said he sought police protection from neighbors who accused him of starting it.

As physical evidence, the defense presented as exhibit the Physical Science Report prepared by Police Inspector Grace M. Eustaquio. The report showed that ashes obtained from the burnt premises were negative of any flammable substance.

RTC Conviction and CA Affirmance

The RTC convicted petitioner of arson, imposing an indeterminate sentence. It sentenced petitioner to twelve (12) years of Prision Mayor as minimum and seventeen (17) years and four (4) months of Reclusion Temporal as maximum, with full credit for the entire period of preventive imprisonment provided he was qualified under Article 29 of the Revised Penal Code. On civil liability, the RTC held that civil liability had not been proved and awarded nominal damages of P10,000.00 each to the private complainants who testified: Canlas, Villaflor, and Simpao.

On appeal, the CA affirmed the conviction. The CA held that petitioner’s denial could not prevail over the positive identification by the eyewitness. The CA further ruled that the prosecution established sufficient circumstantial evidence to support conviction beyond reasonable doubt. It acknowledged discrepancies between Canlas’s testimony and his affidavits but held that they did not necessarily discredit him because affidavits taken ex parte are generally inferior to testimony given in open court. The CA also characterized the discrepancies as pertaining to minor matters that did not indicate perjury or rehearsed testimony. Petitioner’s motion for reconsideration was denied.

Issues Raised by Petitioner

Petitioner raised two issues. First, he argued that the CA erred in concluding that the RTC committed no serious reversible error or grave abuse of discretion in its application of rules and jurisprudence due to material discrepancies between prosecution witnesses’ affidavits and their testimony in court. He insisted that the discrepancies, particularly those affecting Canlas, were sufficient to cast doubt on credibility and should have led to acquittal.

Second, petitioner contended that the CA should not have affirmed the conviction because the evidentiary record, including the alleged inconsistencies and the negative Physical Science Report, should have prevented proof of guilt beyond reasonable doubt.

In substance, petitioner’s main argument focused on whether discrepancies in prior sworn statements were sufficient to exculpate him, citing People v. Salik Magonawal for the proposition that material discrepancies between court testimony and prior statements at a preliminary investigation can render testimony incredible. He also challenged the other witnesses’ accounts as allegedly self-serving and ill-motivated, asserted that the Physical Science Report should have been considered, and maintained that although he had previously threatened to burn the house, he had never intended to carry out the threat.

The OSG’s Position

The Office of the Solicitor General argued that the trial court and CA rulings deserved respect because their factual findings were supported by the record. The OSG maintained that discrepancies between affidavits and in-court testimony were not substantial enough to warrant a reversal of factual determinations. It also asserted that Canlas’s testimony in court clarified, corroborated, and complemented his affidavits. The OSG further maintained that the testimonies of the other prosecution witnesses corroborated Canlas. Finally, the OSG disputed petitioner’s reliance on People v. Acosta, arguing that the cases did not support petitioner’s method of reasoning about prior or other acts, and instead emphasizing that witness identification and corroboration remained sufficient.

Supreme Court’s Evaluation of Liability for Arson

The Court held that the petition lacked merit and affirmed the conviction, subject to modification of damages and penalty.

The Court ruled that the arson charged—because it involved an inhabited house or dwelling—fell under Section 3(2) of Presidential Decree No. 1613. The Court reiterated the governing requirements in prosecutions for arson: the prosecution must prove (1) the corpus delicti, meaning the existence of a fire caused by criminal agency, and (2) the identity of the accused as the person responsible for the crime. It stated that, in arson, the corpus delicti rule is satisfied by proof of the bare fact of the fire and that it was intentionally caused. It also held that even the uncorroborated testimony of a single eyewitness, if credible, can be enough to prove the corpus delicti and justify conviction.

Having recognized that the decisive question became one of witness credibility, the Court applied the rule that when there is inconsistency between a witness’s affidavit and in-court testimony, the latter generally commands greater weight. The Court reasoned that affidavits taken ex parte are inferior because they are often incomplete and sometimes inaccurate, due to partial suggestions or lack of proper inquiry, without which a witness may be unable to recall connected circumstances essential for accurate recollection.

Applying these principles, the Court found that Canlas positively identified petitioner as the person who caused the fire, and that both the RTC and CA found Canlas credible. It emphasized that when the trial court and the appellate court agree on factual findings, the Court generally does not disturb them.

Treatment of Alleged Discrepancies and Physical Science Report

The Court treated petitioner’s attack on inconsistencies as insufficient to undermine the prosecution evidence. It recognized that the CA had already considered discrepancies in Canlas’s testimony relative to his affidavits but had found them to be matters that did not discredit his testimony. The Supreme Court upheld that approach and concluded that petitioner’s defenses—particularly the denial of criminal agency—were not enough to overcome the prosecution’s eyewitness identification supported by corroborative testimony from other witnesses and by the police testimony of petitioner’s admission at the scene.

On the defense evidence, the Court characterized the Physical Science Report showing the ashes to be negative of any flammable substance as negative evidence. It held that, taken together with petitioner’s bare denial and evidence supported mainly by the testimonies of relatives, this was inferior to the circumstantial evidence and the positive identification of the accused by a credible witness.

Civil Liability: Actual Damages Not Proven, but Temperate and Exemplary Damages Awarded

On damages, the Court applied the consistent rule that proof is required to determine the reasonable amount of damages that may be awarded for victims of conflagration. It held that actual or compensatory damages must be proved and cannot be based merely on allegations. It found that the record did not show concrete proof of the amount of actual damages suffered by each complaining witness, and thus it could not award actual damages.

The Court then addressed nominal and temperate damages. It cited the doctrinal view that nominal damages are awarded when a legal right has been violated and damage is presumed even if actual damages are not proven, while also noting that nominal damages are fixed as small sums and function as recognition of a technical injury. It further held that temperate damages may be recovered when the court finds that some pecuniary loss was suffered but the amount cannot be proved with certainty due to the nature of the case.

Under the circumstances, the Court found it reasonable to award temperate damages

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