Case Summary (G.R. No. 205228)
Charges and Informations
Criminal Case No. 13159-07 (Homicide of Ofelia Bulanan)
Criminal Case No. 13160-07 (Murder of Danilo Cabiedes)
Both Informations allege that on March 13, 2007 at around 8:00 a.m., the accused conspired, with intent to kill and employing treachery and abuse of superior strength, to shoot multiple times at the victims with assorted firearms, resulting in their deaths.
Prosecution’s Version
– On March 13, 2007, at about 8:00 a.m., PO1 Garabiles and PO2 Santos, in civilian attire en route to Camp Olivas on a motorcycle, were overtaken by a speeding blue Toyota Corolla.
– The Corolla, followed by four armed men, forced a maroon Honda CRV (driven by Cabiedes) off the road. The front-seat passenger opened fire, causing the CRV to swerve into a canal. The assailants then disembarked and fired repeatedly at Cabiedes. A stray bullet struck Bulanan, who died on the spot; Cabiedes succumbed to gunshot wounds upon arrival at the hospital.
– Ballistic evidence: one deformed .45-caliber bullet and five spent cartridges recovered at the scene.
– Ownership trail: the Corolla was registered to Antonio Rivera, who testified that he leased the vehicle to Adriano. Police later identified and arrested Adriano as one of the shooters.
Defense’s Version
– Adriano claimed an alibi: he was home in Dolores, Magalang, Pampanga, at the time of the incident, engaged in household chores and motorcycle repairs, then spent the morning visiting friends and watching cockfights.
– He asserted that a certain Boyet Garcia had borrowed the Corolla; Adriano only retrieved and returned it in the evening, at which time he was arrested and allegedly tortured.
– Defense witnesses (family and friends) corroborated this timeline.
Ruling of the Regional Trial Court
– Convicted Adriano of Murder (Cabiedes) and Homicide (Bulanan), rejecting the alibi for lack of clear and convincing proof and crediting the positive identifications by PO1 Garabiles and PO2 Santos.
– Sentences imposed:
• Reclusion perpetua for murder of Cabiedes, with indemnity and actual damages totaling PHP 222,482.00.
• Prision mayor (8 years + 1 day to 17 years + 4 months) for homicide of Bulanan, with indemnity of PHP 50,000.00.
Ruling of the Court of Appeals
– Affirmed the RTC decision, holding that minor inconsistencies in eyewitness accounts did not undermine credibility and that the distance between Pampanga and Nueva Ecija made alibi physically possible.
– Increased civil indemnity for Cabiedes’ heirs from PHP 50,000.00 to PHP 75,000.00; awarded moral damages (PHP 75,000.00) and motoral damages (PHP 50,000.00) accordingly.
Supreme Court’s Analysis of Murder Elements
- Death of a person (proven by medical and death certificates)
- Accused as the killer (positive eyewitness identifications)
- Qualifying circumstances under Art. 248, RPC (treachery, use of firearms, abuse of superior strength)
- Exclusion of parricide or infanticide (not applicable)
Treachery as Aggravating Circumstance
– Defined under Art. 14(16), RPC: an attack deliberately carried out in a manner that deprives the victim of any chance to defend himself.
– Ambush scenario demonstrated both conscious adoption of surprise tactics and victim’s defenselessness.
– Treachery absorbs abuse of superior strength and use of firearms.
Aberratio Ictus and Liability for Bulanan’s Death
– Under Art. 4, RPC, one who commits a felony is liable for all natural consequences, even unintended targets (doctrine of aberratio ictus).
– Stray bullet killing Bulanan is the direct result of the murderous assault on Cabiedes.
– Jurisprudence (People v. Flora) allows treachery to qualify both intended and unintended killings by stray bullets as murder.
Separate Crimes vs. Complex Crime Proper
– Each fatal shot constitutes a distinct criminal act: murder of Cabiedes and murder of Bulanan.
– Recovery of six .45-caliber cartridges indicates multiple separate shots, not a single burst.
Alibi Defense Rejection
– An alibi must prove physical impossibility of presence at the crime scene.
– Pampanga–Nueva Ecija travel time under one hour negates impossibility.
– Alibi testimonies from relatives and friends lacked the requisite credibility to overcome positive identifications by law-enforcement offic
Case Syllabus (G.R. No. 205228)
Parties and Procedural Posture
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Rolly Adriano y Samson (alias in Information as “Sales”)
- Co-accused at large: Lean Adriano @ Denden, Abba Santiago y Adriano, John Doe, Peter Doe
- RTC of Gapan City, Branch 36 convicted Adriano on two counts (homicide, murder) in Decisions dated 7 April 2009
- CA in CA-G.R. CR-HC No. 04028 affirmed RTC decision (30 May 2011), increased civil indemnity for Cabiedes’ heirs
- Appeal to the Supreme Court (G.R. No. 205228) resolved 15 July 2015
Charged Offenses and Informations
- Crim. Case No. 13159-07 (Homicide of Ofelia Bulanan)
• Occurrence: March 13, 2007, ~8:00 a.m., Malapit, San Isidro, Nueva Ecija
• Elements: connivance, intent to kill, treachery, abuse of superior strength, multiple firearm discharges - Crim. Case No. 13160-07 (Murder of Danilo Cabiedes)
• Same date, time, place, and aggravating circumstances as above
Prosecution’s Version
- PO1 Matthew Garabiles and PO2 Alejandro Santos en route to Camp Olivas, Pampanga, in civilian clothes
- A speeding blue Toyota Corolla (plate WHK 635) overtakes their motorcycle and a maroon Honda CRV (plate CTL 957)
- Corolla forces CRV into roadside canal; four armed men alight and shoot Cabiedes; stray bullet kills bystander Bulanan
- Both victims die: Cabiedes DOA at hospital (three chest wounds), Bulanan shot in head, died on spot
- Vehicle traced to Rivera, leased to Adriano; identifying witnesses (PO1 & PO2) arrest Adriano same day
- Crime lab recovers one deformed .45 bullet and five .45 cartridges
Defense’s Alibi and Witnesses
- Adriano’s testimony places him in Dolores, Pampanga, from early morning to post–cockfight (~2:00 p.m.)
- Activities: laundry, motorcycle repair, visiting friend Ruben Mallari, dropping ch