Case Summary (G.R. No. 187731)
Factual Antecedents
SPO1 Alfredo Alawig and several other police officers were charged initially with homicide for the killing of PO3 Cafe, which later changed to murder after a reinvestigation prompted by the victim’s mother, Percelita Cafe. An Amended Information was filed against Alawig and other accused, detailing premeditated and treacherous intent to kill the victim on November 30, 1996, while they were on duty as members of the Philippine National Police (PNP).
Proceedings in the Regional Trial Court
During the corresponding court proceedings, the prosecution presented witnesses who testified about the events leading to Cafe's death. Significant testimonies included observations made by friends and colleagues of the victim, and medical findings from forensic examinations confirming multiple gunshot wounds. The Regional Trial Court (RTC) ruled on May 17, 2005, finding Alawig and another officer guilty of murder, sentencing them to death, citing treachery and evident premeditation as qualifying circumstances.
Court of Appeals Ruling
SPO2 Dabu, a co-accused, did not appear for the decision's promulgation and subsequently appealed the RTC ruling. The Court of Appeals (CA) affirmed the RTC’s findings on November 3, 2008, but lowered the penalty from death to reclusion perpetua, while maintaining the conviction for murder.
Issues Raised on Appeal
On appeal, Alawig contended that the CA erred in several respects, including the purported confirmation of self-defense, acceptance of circumstantial evidence, and the handling of qualifying circumstances such as treachery and evident premeditation. He argued that the trial court failed to prove his guilt beyond a reasonable doubt.
Self-Defense and Circumstantial Evidence
Alawig claimed the burden of proving self-defense was improperly placed upon him, although the CA clarified that he was the only witness who testified on the circumstances surrounding the victim's death. The collective circumstantial evidence presented, including the presence of gunpowder nitrates on Alawig, demonstrated his involvement in the crime, contradicting his narrative that he was a mere bystander.
Finding of Conspiracy
The CA upheld the determination that a conspiracy existed among the accused to commit murder. Evidence reflected a shared design and concerted effort, including trial inconsistencies in the police log entries, which suggested collusion to mislead the investigation regarding the victim’s death.
Treachery and Aggravating Circumstances
The CA confirmed that treachery was a characteristic of the killing, as the nature of the attack indicated a calculated approach by the assailants, preventing the victim from defending himself. The medical evidence corroborated findings that exhibited the victim’s vulnerabilities at the time of the assault.
Conclusion on Evident Premeditation and Flight
The court detailed that evident premeditation lacked sufficient clear evidence, primarily focusing on the noted conspiracy as part of the prosecution’s case. The trial court’s assessment of flight as a non-issue for Alawig was addressed, affirming that a lack of flight does not equate to innocence.
The Crime Committed and Liability
Ult
...continue readingCase Syllabus (G.R. No. 187731)
Overview of the Case
- The case involves SPO1 Alfredo Alawig as the accused-appellant against the People of the Philippines, with the decision rendered by the Supreme Court on September 18, 2013, affirming the conviction of Alawig for murder.
- The Court of Appeals had previously upheld the Regional Trial Court's (RTC) ruling, which found Alawig and another police officer guilty of murder, with modifications to the penalty.
Factual Antecedents
- Initially charged with homicide, Alawig and PO3 Romeo Ventinilla were implicated in the killing of PO3 Miel de Ocampo Cafe.
- A reinvestigation led to an Amended Information charging Alawig and several others with murder under Article 248 of the Revised Penal Code.
- The prosecution's accusation detailed that the murder was committed with evident premeditation, treachery, and was in relation to their duties as police officers.
Proceedings and Initial Defense
- Alawig and SPO2 Enrique Dabu pleaded not guilty.
- The case saw the dismissal of the charges against PO3 Ventinilla due to his death and the continuing absence of other co-accused.
- Witnesses included medical professionals and police investigators who provided testimonies regarding the incident and the victim's injuries.
Key Testimonies and Evidence
- Witness MacGregor Reyes observed police officers, including Alawig, entering the victim's residence where a conversation took place regarding police operations.
- Dr. Fernando Mandapat and Dr. Valentin Bernales provided medical evidence of the victim's multiple gunshot wounds, indicating foul play.
- Testimonies revealed that the victim had expressed concerns for his safety prior to his death due to tensions with his police superiors.
Defense Arguments
- Alawig claimed self-defense, suggesting that he was n