Case Summary (G.R. No. 133442)
Facts of the Case
On May 14, 1989 at around 9 a.m., Felimar Apolinar and her husband Loreto were returning on a narrow trail from the Abra River. Suddenly, appellant Almazan jumped from a hillock, armed with a long firearm, and shot Loreto at about two feet. The mortally wounded victim fled toward the Sequerras’ house (45 m away); Almazan pursued and fired a second shot inside the house. Felimar, eight months pregnant, witnessed both shootings, followed them, and later sought help from Patrolman Blanes.
Prosecution’s Evidence
· Felimar positively identified Almazan as the assailant, described both shootings in detail, and made an ocular demonstration of positions and distances.
· Patrolman Blanes corroborated that he encountered Almazan on a tricycle shortly before hearing two shots, then assisted Felimar and found the victim dead.
· Francisca Sequerra’s testimony partly conflicted as she initially claimed not to have seen Felimar or witnessed the second shooting; her subsequent sworn statement to S/Sgt. Dacquel, however, confirmed her presence and need to report the incident.
· S/Sgt. Dacquel’s investigation report recommended murder charges and discharge of Almazan from military service due to credible identification by the widow and threat against her.
Medical and Forensic Findings
Dr. Venus’s autopsy on May 15, 1989 revealed multiple entry and exit gunshot wounds on the head and chest, contusion collars, powder burns, and internal hemorrhages consistent with at least two shots from a shotgun or buckshot at close range (2 ft muzzle-skin). Cause of death: cardiac tamponade and massive intracranial hemorrhage secondary to multiple gunshot wounds.
Appellant’s Defense and Alibi
Almazan asserted an alibi, supported by PC camp records and testimony of CO Rivera, 1st Sgt. Cacho, Sgt. Lorenzo, and fellow guards Trinidad and Layug, showing his presence on guard duty at Camp La Paz from May 13–14, 1989. He claimed no leave or abandonment of post, and no knowledge of being a suspect until November 1989.
Trial Court and CA Rulings
The RTC found the prosecution proved all elements of murder with qualifying treachery: intentional killing with evident premeditation and use of a firearm. It rejected the alibi as unconvincing given the proximity (10 km) from crime scene and strong eyewitness identification. The CA upheld guilt and escalated the penalty to reclusion perpetua.
Issues on Credibility and Corroboration
– Felimar’s testimony was consistent with her sworn statement given one day after the incident; she provided vivid, uncontradicted details.
– Blanes’s testimony corroborated Felimar’s account of two shots and appellant’s identity.
– Francisca’s partial inconsistencies did not undermine the principal eyewitness account; her delayed identification was explained by fear of reprisal.
– The alibi was deemed weakest defense: guard records showed only camp presence but did not preclude movement within the off-duty window (9 a.m.–1 p.m.), and the appellant’s positive identification by independent witnesses undermined it.
Legal Analysis on Murder and Treachery
Under RPC art. 248, murder is homicide with qualifying circumstances—treachery, evident premeditation, armed with a firearm. The prose
...continue readingCase Syllabus (G.R. No. 133442)
Background and Procedural History
- Regional Trial Court (Branch 2, Bangued, Abra) convicted appellant Rodrigo Almazan of murder; imposed indeterminate penalty of 14 years, 10 months, 20 days to 18 years reclusion temporal.
- Court of Appeals affirmed conviction but increased penalty to reclusion perpetua; case elevated to the Supreme Court under Section 13, Rule 124, RRCP.
- Issue on appeal: sufficiency and credibility of evidence, alleged alibi, and proper penalty.
Facts of the Case
- Date and Place: May 14, 1989, ca. 9:00 a.m., Barangay Calaba, Bangued, Abra.
- Victim: Loreto Apolinar, shot multiple times by appellant with an unrecovered long firearm.
- Circumstances: Victim and wife Felimar were returning from the Abra River when appellant ambushed and fired at Loreto about two feet away; wounded victim fled to Sequerrra house, pursued and fatally shot inside.
- Threat: Appellant allegedly threatened Felimar before fleeing; she sought help from Patrolman Juanito Blanes.
Testimony of Prosecution Witnesses
- Felimar Apolinar
• Positive identification of Almazan as assailant (“Odit”)
• Detailed account of first shot on the trail (2 ft distance) and second shot inside Sequerrra house
• Pursuit despite eight-month pregnancy; shouted warnings in Ilocano - Patrolman Juanito Blanes
• Heard two gunshots minutes after seeing Almazan on tricycle
• Responded to calls from Francisca Sequerra and Felimar; found victim dead
• Participated in on-the-spot investigation; crime-scene photographs taken - Francisca Sequerra
• Heard victim’s pleas, saw him bloodied; claimed fear prevented direct assistance
• Did not initially name assailant in her testimony but later gave sworn statement implicating appellant - S/Sgt. Edgardo Dacquel
• Conducted follow-up investigation; recommended murder complaint and appellant’s discharge - Dr. Herminio B. Venus (Medical Specialist I)
• Autopsy confirmed multiple gunshot wounds head and chest, internal hemorrhage, powder burns
• Cause of death: cardiac tamponade and intracranial hemorrhage secondary to multiple gunshots
Autopsy Findings
- External Wounds:
• Eight entry holes in right chest (thru-and-thru), inverted edges, contusion collars
• Powder burns on right shoulder, thumb, index finger
• Single oval entry above right ear, four exit holes in left neck - Internal Injuries:
• 1000 cc clott