Case Summary (G.R. No. 187536)
Charges and Initial Proceedings
On July 31, 2000, an Information was filed against the appellants charging them with murder. The allegation was that on February 29, 2000, they conspired to murder Pasion using a claw hammer, inflicting fatal wounds. During the arraignment, Bokingco pled guilty while Col pleaded not guilty. Bokingco subsequently confessed to the crime during pre-trial.
Evidence Presented at Trial
Witnesses testified about the events of the night of the murder. Vitalicio, a brother-in-law of the victim, witnessed a commotion in the apartment and observed Bokingco attacking him. Upon confronting Bokingco, a physical struggle ensued. Meanwhile, Elsa, the victim's wife, testified that Col attacked her in an effort to force her to open a vault. She later found Pasion dead in their kitchen.
Investigation Findings
police investigation led by PO3 Quirino Dayrit revealed evidence including a claw hammer found at the crime scene and activities concerning both appellants after the incident. The necropsy report established Pasion's fatal injuries, detailing numerous contusions and lacerations that led to his death.
Testimonies of the Accused
Both Bokingco and Col provided testimonies in their defense. Bokingco claimed he acted in self-defense after being attacked by Pasion, while Col maintained he was unaware of Bokingco's actions. Bokingco's extrajudicial confession included statements about planning the killing with Col.
Trial Court's Judgment
On December 16, 2004, the trial court found both appellants guilty of murder and sentenced them to death. This decision was based on the aggravating circumstances of nighttime and abuse of confidence against the backdrop of a guilty plea from Bokingco.
Court of Appeals Review
The Court of Appeals later affirmed the trial court's decision but modified the penalty to reclusion perpetua under Republic Act No. 9346, reflecting changes in the law regarding the death penalty.
Appeals and Key Issues Raised
The appellants motioned for reconsideration, emphasizing the lack of evidence for conspiracy and challenging the presence of aggravating circumstances. They maintained that Bokingco's admission should not implicate Col and questioned the evidence establishing treachery and evident premeditation as qualifiers for murder.
Court's Findings on Conspiracy and Qualifying Circumstances
A pivotal aspect of the appeal was whether conspiracy existed between Bokingco and Col. The court noted that treachery could not be established due to insufficient evidence on how the attack on Pasion commenced. Even with admissions from Bokingco that indicated planning to kill Pasion, the court found no conclusive evidence of a premeditated agreement or coordina
...continue readingCase Syllabus (G.R. No. 187536)
Case Background and Parties
- The case is an appeal from the Amended Decision of the Court of Appeals dated November 14, 2008.
- Appellants Michael Bokingco and Reynante Col were found guilty beyond reasonable doubt of the crime of Murder.
- The appellants were sentenced to suffer the penalty of reclusion perpetua without the possibility of parole.
- The original crime was committed on or about February 29, 2000, in Angeles City, Philippines.
- The accused were charged with murder qualified by treachery, evident premeditation, abuse of confidence, and committed at nighttime.
Facts of the Case
- Victim Noli Pasion, who owned a pawnshop and apartment construction business, was fatally attacked with a claw hammer.
- Appellants were construction workers employed by Pasion, staying in one of his apartments.
- The fatal attack occurred around 1:00 a.m., witnessed partly by Pasion's brother-in-law, Vitalicio, and wife, Elsa.
- Bokingco was seen hitting an object on the floor, later identified as Pasion, and attacked Vitalicio with a hammer when discovered.
- Elsa was physically attacked by Col, who forced her to open the pawnshop vault and sprayed tear gas in her eyes.
- Pasion died of severe head injuries; Vitalicio sustained injuries but survived.
Evidence Presented
- Vitalicio’s testimony about the commotion and attack.
- Elsa’s testimony about Col’s attack and demands.
- Police investigation notes including discovery of weapons and blood evidence.
- Necropsy report establishing fatal wounds to Pasion’s head with detailed injuries and skull fractures.
- Bokingco’s extrajudicial confession admitting conspiracy and confession during trial claiming self-defense and provocation.
- Col’s testimony denying conspiracy and claiming minimal association with Bokingco.
Trial Court Findings and Sentence
- Trial court found both appellants guilty beyond reasonable doubt of murder.
- The court considered treachery, evident premeditation, abuse of confidence, and nighttime as aggravating circumstances.
- Bokingco received death penalty, mitigated due to voluntary guilty plea.
- Col received death penalty without mitigating circumstances.
- Both ordered to pay indemnity, actual damages, attorney’s fees, exemplary damages, and costs.
Court of Appeals Decision
- Affirmed trial court conviction but reduced penalty from death to reclusion perpetua due to RA 7659 and RA 9346.
- Included Col and Bokingco as co-conspirators in the dispositive portion.
- Ordered indemnification and damages to the heirs of victim.
Issues on Appeal
- Whether the qualifying circumstances supporting murder conviction of Bokingc ...continue reading