Case Summary (G.R. No. 205228)
Petitioner / Respondent
Petitioner in the appeal: People of the Philippines (appellee below). Respondent/appellant before the Supreme Court: Rolly Adriano y Samson.
Key Dates and Procedural Posture
Factual events: 13 March 2007. RTC conviction: Decision dated 7 April 2009. Court of Appeals affirmed: 30 May 2011. Supreme Court decision: 15 July 2015. Because the decision date is after 1990, the applicable constitution is the 1987 Philippine Constitution.
Applicable Law and Jurisprudence Cited
Primary substantive law: Revised Penal Code (RPC) provisions on murder and criminal liability (Article 248 for murder; Article 4 on liability for unintended consequences; Article 14 paragraph 16 on treachery as a qualifying circumstance). Doctrines and precedents cited and applied include People v. Flora, People v. Herrera, People v. Hilario, People v. Nelmida, and other cases enumerated in the decision.
Charges and Informations
Two separate Informations charged Adriano with murder: (1) Crim. Case No. 13159‑07 — willful shooting resulting in the death of Ofelia Bulanan; (2) Crim. Case No. 13160‑07 — willful shooting resulting in the death of Danilo Cabiedes. Each information alleged intent to kill, treachery, and abuse of superior strength, and that the shootings were effected with assorted firearms.
Prosecution Version of Events
Prosecution witnesses, two policemen traveling in civilian clothes on a motorcycle, testified that a blue Toyota Corolla (plate WHK 635) overtook a maroon Honda CRV (plate CTL 957), and when the Corolla reached alongside the CRV the Corolla’s front‑seat passenger shot at the CRV, causing it to swerve and fall into a canal. Four armed men alighted from the Corolla and continued firing at the CRV driver (Cabiedes). A bystander (Bulanan) was struck by a stray bullet and later died on the spot; Cabiedes died later of multiple gunshot wounds. The Corolla was traced to Rivera’s rental business and was leased to Adriano; PO1 Garabiles and PO2 Santos later identified Adriano as one of the assailants when he returned the car that same day. Ballistic/forensic evidence included one deformed fired bullet and five .45‑caliber cartridges recovered at the scene.
Defense Version and Alibi
Adriano testified to an alibi: at the time of the incident he alleged he was in Dolores, Magalang, Pampanga engaged in domestic and routine activities (washing clothes, repairing and later retrieving his motorcycle, visiting friends and family, watching cockfights) and that he only returned the Corolla to Rivera later in the evening when he was arrested. The defense witnesses who corroborated this account were friends and relatives of Adriano. The defense further alleged that the police had improperly arrested and tortured Adriano.
Trial Evidence and Witness Credibility
The prosecution presented eight witnesses including the two police eyewitnesses and family of Cabiedes. The defense presented Adriano and four corroborating witnesses (friends and relatives). The RTC credited the positive identification by PO1 Garabiles and PO2 Santos and found the defense alibi unsupported by clear and convincing evidence. The Court of Appeals similarly found the minor inconsistencies in the prosecution witnesses’ testimonies to be trivial and, indeed, indicators of veracity rather than grounds to discredit their identifications.
RTC Ruling and Awards
The RTC convicted Adriano of murder for Cabiedes’ death (Crim. Case No. 13160‑07) and homicide for Bulanan’s death (Crim. Case No. 13159‑07), imposed respective penalties (reclusion perpetua for murder; indeterminate term for homicide), ordered indemnities and awarded actual damages totaling Php222,482.00 for Cabiedes’ heirs (funeral, food, wake groceries, and vehicle repair). The RTC sentenced Adriano to reclusion perpetua for murder of Cabiedes and an indeterminate term for Bulanan’s death, and ordered indemnities.
Court of Appeals Ruling
The Court of Appeals affirmed the RTC conviction but modified damages: it increased civil indemnity for Cabiedes’ heirs from Php50,000.00 to Php75,000.00 and awarded moral damages of Php75,000.00 to Cabiedes’ heirs and Php50,000.00 to Bulanan’s heirs. The CA held that the prosecution’s positive identifications outweighed defense inconsistencies and that Adriano’s alibi failed because it was not sufficiently corroborated and because Dolores, Magalang was less than an hour from the scene, so physical impossibility to be present was not shown.
Supreme Court: Elements of Murder and Their Application
The Supreme Court recited the elements of murder (person killed; accused killed him; presence of qualifying circumstance in Art. 248) and found all elements satisfied as to Cabiedes: death proven; Adriano positively identified as one of the perpetrators; and treachery present. The Court characterized the attack as an ambush—a sudden and carefully orchestrated attack ensuring the victim could not defend himself—thus meeting the two elements of treachery (victim defenseless and accused’s deliberate adoption of means that insured execution without risk to himself).
Treachery, Ambush, and Abuse of Superior Strength
The Court explained that ambush is paradigmatic of treachery: the coordinated overtaking, discharge of firearms, forcing the CRV into the canal, and immediate flight of assailants demonstrated a deliberate plan to prevent defense or escape. The concurrence of treachery absorbed abuse of superior strength and use of firearms as aggravating circumstances; with treachery present, reclusion perpetua was the proper penalty under Article 248 and Article 63, paragraph 2 of the RPC.
Liability for Bystander Death: Aberratio Ictus and Article 4
Regarding Bulanan, the Court applied Article 4 of the RPC and the doctrine of aberratio ictus: an assailant is criminally liable for natural and logical consequences of his intentional felony even if the specific victim was not the intended target. Although Bulanan’s death was unintended (stray bullet), it was the direct consequence of the felonious shooting at Cabiedes. The Court followed precedent (People v. Flora) holding that treachery may be appreciated in aberratio ictus; accordingly, both killin
...continue readingCase Syllabus (G.R. No. 205228)
Case Caption, Court and Decision Authorship
- Case reported at 764 Phil. 144, First Division, G.R. No. 205228, decided July 15, 2015.
- Parties: People of the Philippines (plaintiff and appellee) v. Rolly Adriano y Samson (accused-appellant), Lean Adriano @ Denden, Abba Santiago y Adriano, John Doe and Peter Doe (accused; others remained at large).
- Decision authored by Justice Perez (PEREZ, J.).
- Members of the Court who concurred: Chief Justice Sereno (Chairperson), Justices Leonardo-De Castro, Bersamin, and Perlas-Bernabe.
Indictments / Informations (Criminal Case Numbers and Allegations)
- Two informations charging accused with Murder, both dated on or about March 13, 2007, at around 8:00 o'clock in the morning, in Barangay Malapit, San Isidro, Nueva Ecija:
- Crim. Case No. 13159-07: accused, conniving together, with intent to kill, by treachery and abuse of superior strength, willfully shot several times with assorted firearms Ofelia Bulanan, hitting her on different parts of her body, resulting in her death, to the damage of her heirs.
- Crim. Case No. 13160-07: accused, conniving together, with intent to kill, by treachery and abuse of superior strength, willfully shot several times with assorted firearms Danilo Cabiedes, hitting him on different parts of his body, resulting in his death, to the damage of his heirs.
Factual Background as Found and Presented by the Prosecution
- Date and time of incident: March 13, 2007, around 8:00 a.m., along Olongapo-Gapan National Road, Barangay Malapit, San Isidro, Nueva Ecija.
- Witness-officers: PO1 Matthew Garabiles and PO2 Alejandro Santos, in civilian clothes, were en route to Camp Olivas, Pampanga, riding a motorcycle.
- Vehicles involved at scene:
- A speeding blue Toyota Corolla, plate WHK 635, overtook the officers and a maroon Honda CRV, plate CTL 957.
- When the Corolla reached alongside the CRV, the passenger in the Corolla shot the CRV, causing the CRV to swerve and fall into the canal at the road embankment.
- Attack and victims:
- Four armed men alighted from the Corolla and started shooting at the CRV driver, later identified as Danilo Cabiedes.
- A bystander, Ofelia Bulanan, standing near the road embankment, was struck by a stray bullet during the shooting.
- The four armed men returned to the Corolla and immediately fled the scene; PO1 Garabiles and PO2 Santos pursued but lost track of the Corolla.
- Subsequent events and deaths:
- Cabiedes pronounced dead on arrival at Good Samaritan General Hospital from three gunshot wounds on the left side of his chest.
- Bulanan died on the spot after being shot in the head.
- Vehicle ownership and identification:
- The Corolla was registered under Antonio Y. Rivera, who admitted ownership but said it was one of several rental vehicles leased to Adriano.
- Later the same day, Adriano arrived at Rivera’s shop with the Corolla and was identified by PO2 Santos and PO1 Garabiles as one of the four assailants who alighted from the front passenger seat and shot Cabiedes; Adriano was arrested and brought to PSOG headquarters in Cabanatuan City.
- Physical evidence recovered at the crime scene:
- One deformed fired bullet from a .45 caliber firearm and five cartridges from a .45 caliber firearm were recovered by the Nueva Ecija Provincial Crime Laboratory Office (Exhibit “W”).
Defense Version and Alibi Details
- Accused’s testimony (Adriano):
- On March 13, 2007, at about 6:00 a.m., Adriano was at his house in Dolores, Magalang, Pampanga, washing his child’s clothes.
- He left his motorcycle at a repair shop after doing laundry, then at about 8:00 a.m. went to his friend Ruben Mallari’s house for a lighter spring and had coffee.
- He returned home, brought his child to his mother, met brother-in-law Felix Aguilar Sunga en route, then went to a cockpit arena where he saw Danilo Dizon; he left the cockpit at about 2:00 p.m. and rested at home.
- After resting he retrieved his motorcycle, stayed at a store, returned home about 5:00 p.m., received a call from Boyet Garcia (who had borrowed the Corolla), and at 8:00 p.m. met Garcia to get the Corolla back.
- After dropping Garcia off, Adriano went to Rivera to return the Corolla and was arrested there by police, allegedly thrown into the Corolla’s trunk and taken to a place where he was tortured.
- Corroborating defense witnesses:
- Lucita Tapnio, Ruben Mallari, Felix Aguilar Sunga, and Danilo Dizon corroborated Adriano’s testimony.
- Plea and status of co-accused:
- Adriano pleaded not guilty upon arraignment.
- Co-accused Lean Adriano alias “Denden,” Abba Santiago y Adriano, John Doe, and Peter Doe remained at large.
Witnesses and Presentation of Evidence at Trial
- Prosecution witnesses (eight): PO1 Matthew Garabiles; PO2 Alejandro Santos; Police Senior Inspector Roger V. Sebastian; SPO2 Alejandro Eduardo; PO2 Jay Cabrera; PO3 Antonio dela Cruz; Adelaida Cabiedes (widow of Cabiedes); Ricky Flores.
- Defense witnesses: Accused Rolly Adriano; Lucita Tapnio; Felix Aguilar Sunga; Ruben Mallari; Danilo Dizon.
- Exhibits and documentary proofs cited in the record:
- Exhibit “W”: deformed fired bullet and cartridges (.45 caliber).
- Exhibits “O,” “P,” “Q,” and “R”: receipts supporting actual damages (funeral, food for burial, groceries for wake, parts and service repair of CRV).
- Exhibit “L”: Bulanan’s death certificate (formal offer of evidence).
- Memorandum for the Accused and other trial records cited.
Ruling of the Regional Trial Court (RTC), Branch 36, Gapan City (Presiding Judge Arturo M. Bernardo)
- Convictions:
- Found Adriano guilty beyond reasonable doubt of Murder for the death of Danilo Cabiedes (Crim. Case No. 13160-07).
- Found Adriano guilty beyond reasonable doubt of Homicide for the death of Ofelia Bulanan (Crim. Case No. 13159-07).
- Reasons and credibility findings:
- RTC rejected Adriano’s alibi for lack of clear and convincing evidence.
- RTC gave full credence to prosecution witnesses PO1 Garabiles and PO2 Santos and found defense failed to show improper motives for their testimony.
- Damages and penalties ordered by RTC (dispositive portion dated April 7, 2009):
- For Cabiedes’ killing (Murder): sentenced to reclusion perpetua; ordered indemnity to heirs of Danilo Cabiedes in amount of Php50,000.00; ordered to pay Php222,482.00 as actual damages (breakdown: Php100,000 funeral expenses; Php60,000 food served during burial; Php12,482 groceries during wake; Php60,000 parts and service repair of the CRV).
- For Bulanan’s killing (Homicide): sentenced to indeterminate penalty from eight years and one day of prision mayor medium to seventeen years and four months of reclusion temporal medium; ordered to indemnify heirs of Ofelia Bulanan in the amount of Php50,000.00.
Appeal to the Court of Appeals (CA) and CA Ruling
- Grounds advanced by appellant on appeal:
- RTC erred in rejecting alibi and in discounting defense witnesses’ testimony.
- Alleged inconsistencies in prosecution witnesses’ testimony: timing of shooting, whether vehicle was still in motion when shooting started; which side shooters alighted from; identity of the person who fired the fatal shot; whether trip of PO1 and PO2 to Ca