Case Summary (G.R. No. 182075)
Background of the Incident
Gerry Ballabare and his brother, Eder Ballabare, were implicated in double murder charges involving the Tacadao brothers, which occurred during a commotion involving a confrontation outside a residence in Sitio Isumbo, Barangay Pulot II. The Information cited treachery and the use of illegally possessed firearms during the commission of the crime, leading to charges in Criminal Cases Nos. 9067 and 9071.
Prosecution's Evidence
The prosecution presented detailed eyewitness testimony from Tessie Asenita, who recounted the events leading up to the shooting. She stated that her brother Juan intervened in a violent altercation involving Eder Ballabare, resulting in both Juan and Leonardo being shot by the accused. Additional evidence included forensic findings from Dr. Narciso B. Leoncio, who conducted the autopsy, and Aida Veloria Magsipoc, who testified regarding the paraffin test on Gerry Ballabare's hands, which showed positive for gunpowder nitrates.
Defense's Arguments
Gerry Ballabare claimed he was playing basketball away from the scene during the incident, asserting an alibi supported by a witness. The defense also filed affidavits seeking to withdraw witness testimony, indicating a lack of interest from the victims' family in pursuing the case.
Trial Court's Findings
The Regional Trial Court of Branch 50 found Gerry Ballabare guilty of both the murders based on credible eyewitness account and evidence presented. The trial court emphasized the presumption of innocence, yet deemed it was overcome by the prosecution's strong evidence.
Allegations of Error
The accused-appellant raised several assignments of error on appeal, challenging the credibility of the prosecutorial evidence, alleged violations of constitutional rights, and the trial court’s procedures. His primary arguments included the claim that the trial court disregarded potential recantation from Tessie Asenita and failed to adequately consider the implications of an affidavit withdrawing her testimony.
Recantation and Hearsay Considerations
The court addressed the alleged recantation, highlighting that Tessie Asenita's affidavit did not constitute a formal recantation but expressed a lack of desire to pursue prosecution due to familial pressures. The absence of her direct presence during re-examination rendered her affidavit hearsay and insufficient to negate her initial testimony.
Evidence Weight and Witness Credibility
After reviewing the evidence, the court highlighted the importance of the paraffin test results and the sole witness’s testimony, concluding that the prosecution presented a coherent case. It upheld the adjudication of guilt despite the defense's claims pertaining to alibi.
Conspiracy and Co-accused Considerations
While there were indications that Eder Ballabare may have acted in concert with Gerry, the court determined that conspiracy was not sufficiently established regarding the mutual agreement to commit the crime. The evidence did not prove a prior conspiracy among the accused to target the victims specifically.
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...continue readingCase Syllabus (G.R. No. 182075)
Case Overview
- Court: Supreme Court of the Philippines, Second Division
- Citation: 332 Phil. 384
- G.R. No.: 108871
- Date: November 19, 1996
- Parties Involved:
- Plaintiff-Appellee: People of the Philippines
- Accused: Gerry Ballabare (Accused-Appellant) and Eder Ballabare
Procedural History
- The case is an appeal by Gerry Ballabare following a decision by the Regional Trial Court, Branch 50, Palawan and Puerto Princesa City.
- The court rendered a judgment on May 14, 1992, finding Gerry Ballabare guilty of two counts of murder and one count of illegal possession of firearms.
- Sentences included reclusion perpetua and monetary indemnities to the heirs of the victims.
Facts of the Case
- The incident occurred on September 16, 1990, in Sitio Isumbo, Barangay Pulot II, Brookeas Point, Palawan, where two brothers, Juan Tacadao and Leonardo Tacadao Jr., were shot and killed.
- Gerry and Eder Ballabare were charged with the double murder and illegal possession of firearms.
- The prosecution's case was primarily supported by the testimony of eyewitness Tessie Asenita, who witnessed the attack.
Testimonies and Evidence
- Eyewitness Account:
- Tessie Asenita described a commotion outside her house, where her brother Juan attempted to intervene in a fight involving Edito Ballabare.
- She testified that after the altercation escalated, Gerry and Eder Ballabare pursued Juan and Leonardo, leading to the shooting.
- The prosecution presented additional witnesses: Dr. Narciso B. Leoncio (post-mortem examination) and Aida Veloria Magsipoc (forensic chemist).
- Defense:
- Gerry Ballabare claimed an alibi, stating he was playing basketball at the time of the incident.
- Affidavits were presented to withdraw testimony from Tessie Asenita and to express desistance from Leonardo Tacadao Sr., bu