Case Summary (G.R. No. 144222-24)
Charges and Arraignment
On December 22, 1995, the accused-appellants were charged with three counts of murder, alleging that on October 27, 1995, they conspired to kill the victims using firearms. Upon arraignment, they pleaded not guilty to the charges. The cases were later consolidated for joint trial.
Incident Overview
On the day of the incident, while the victims were working at a copra kiln, they were attacked by the accused-appellants, who fired upon them with firearms. This attack resulted in the fatal shootings of the victims. Witness testimony established the presence of the accused at the crime scene, armed, and pointing their guns at the victims.
Eyewitness Accounts
Eyewitness Jacinto Orquin described how he saw the accused and heard the desperate last words of his brother, Jesus, pleading for help. Furthermore, another witness, Nixon de la Cruz, reported the wounding of his father, Lolito. The statement made by Lolito, wherein he identified his assailants, was documented by Barangay Captain Gutardo Berbis and confirmed his consciousness of impending death due to his wounds.
Autopsy Findings
Autopsies conducted on the victims revealed the grievous nature of their injuries. Each victim sustained serious gunshot wounds leading to their deaths, which corroborated the testimonies about the circumstances and manner of their deaths.
Defense Evidence
The accused-appellants presented alibi defenses, claiming they were elsewhere when the crime occurred. Ronito Boller stated that he was working on a farm, Dianito claimed to have been on duty at a military camp, and Francisco Boller indicated he was repairing a nipa roof. Witnesses were presented to corroborate these claims; however, the court remained unconvinced.
Prosecution's Evidence
The prosecution relied heavily on the dying declaration of Lolito de la Cruz and the testimonies of witnesses, who positively identified the accused as the perpetrators of the crime. The court found the evidence compelling and noted the consistency and clarity of the witness accounts.
Court's Decision
The Regional Trial Court convicted the accused-appellants of three counts of murder, sentencing them to reclusion perpetua and imposing indemnity to the heirs of each victim. They appealed, raising several assignments of error concerning the admissibility of the dying declaration, the evidence of treachery, and the sufficiency of proof for murder.
Legal Analysis of Dying Declaration
The court upheld the admissibility of the dying declaration of Lolito de la Cruz, affirming that it met the requisite conditions—concerning the cause of death, consciousness of impending death, competency, and relevance to the charge. The court clarified that the requirement for a dying declaration does not necessitate verbatim reproduction of the declarant's words.
Defense of Alibi and Response
The court expressed skepticism toward the alibi defense, emphasizing that the accused-a
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Case Background
- The case involves an appeal from the Regional Trial Court of Calbayog City, Branch 31, where the accused-appellants, Ronito Boller, Dianito Boller, and Francisco Boller, were convicted of three counts of Murder.
- The victims include Lolito dela Cruz, Jesus Orquin, and Arsenio Orquin, all of whom were killed on October 27, 1995, at a coconut plantation in Barangay Hinayagan, Gandara, Samar.
- The trial court sentenced each accused-appellant to reclusion perpetua for each count and ordered them to pay indemnities to the victims' heirs.
Charges and Initial Proceedings
- The accused were charged under three informations alleging that they conspired to kill the victims with premeditation and treachery.
- During their arraignment, the accused-appellants pleaded not guilty. The cases were consolidated for trial.
Incident Description
- On the morning of October 27, 1995, the victims were working at their copra kiln when they heard dogs barking.
- Jacinto Orquin, a relative of the victims, witnessed the accused-appellants armed with firearms (M-14 rifle, M-1 rifle, and shotgun) approaching and subsequently opening fire on the victims.
- The attack resulted in serious injuries to Arsenio and Jesus Orquin and fatal injuries to Lolito de la Cruz, who made a dying declaration identifying his assailants.
Evidence Presented
- Eyewitness accounts detailed the shooting, including Jacinto Orquin’s attempt to rescue his brother Jesus.
- A barangay official, Kagawad Pedro Sumagdon, recorded a statement from Lolito de la Cruz, who identified the