Case Summary (G.R. No. L-31429)
Charges and Trial
Roscoe Daban was convicted of murder for the shooting death of Conrado de la Cruz, and the trial court sentenced him to death while ordering Daban to pay an indemnity of twelve thousand pesos to De la Cruz's heirs. The case originated in the Court of First Instance of Iloilo under Criminal Case No. 11863.
Incident Details
On July 17, 1967, Daban, along with accomplices, was in a red 1965 Chevrolet Malibu when he shot De la Cruz multiple times while the latter leaned against a parked jeep. Following the shooting, Daban fled the scene, and De la Cruz died shortly thereafter at Polyclinic Hospital due to gunshot wounds to his chest, abdomen, and arm.
Evidence and Investigation
The investigation conducted by Lieutenant Colonel Margate revealed that shortly after the shooting, the car involved was seen being repainted in a local auto shop. Witnesses, including the owner of the shop, testified that the car was brought in for immediate repainting, indicating an attempt to conceal its identity. Evidence found in the glove compartment linked the car to Roscoe Daban.
Eyewitness Testimony
Vicente Felisario, a bystander, provided crucial eyewitness testimony, stating he saw Daban shoot De la Cruz from a close distance. Despite the defense's attempts to create doubt about Felisario’s identification—particularly regarding Daban's description—Felisario’s credibility as a witness remained intact even through rigorous cross-examination.
Defense Arguments
Daban mounted an alibi defense, claiming he was in Bacolod City at the time of the crime. His defense presented witnesses asserting that the assailant did not match Daban's physical characteristics. However, the trial court found these claims lacking credibility compared to Felisario's testimony.
Failure to Testify
Daban did not testify in his defense, which the trial court noted but also acknowledged such inaction should not prejudice the accused's standing in court. However, it took into consideration his failure to deny incriminating evidence, interpreting this as an indication of guilt rather than as a definitive conclusion.
Conviction and Conclusion
The trial court concluded that the evidence, particularly the eyewitness identification, adequately established Daban's guilt beyond a reasonable doubt. The court emphasized the nature of the crime—executed with treachery in broad daylight—and characterized it as a cold-blooded assassin
...continue readingCase Syllabus (G.R. No. L-31429)
Case Overview
- The case involves Roscoe Daban, who appealed a conviction for murder handed down by the Court of First Instance of Iloilo.
- The trial court sentenced Daban to death and mandated payment of indemnity to the heirs of the victim, Conrado de la Cruz, amounting to twelve thousand pesos.
- The incident occurred on July 17, 1967, when Daban allegedly shot De la Cruz multiple times in a public area.
Incident Details
- At approximately 4 PM on July 17, 1967, Daban, along with Angel Balasote, Jr. and three unidentified individuals, was in a red 1965 Chevrolet Malibu.
- The vehicle stopped adjacent to a jeep parked in front of the Philippine National Bank Building.
- Daban, seated in the front, drew a pistol and fired three to four shots at De la Cruz, who was leaning against the jeep.
- Following the shooting, the car sped away towards Colegio del Sagrado Corazon de Jesus, making a sharp right turn at the intersection of P. Burgos and J. Rizal Streets, leaving the scene hastily.
Victim’s Condition and Autopsy Findings
- De la Cruz was shot multiple times, sustaining severe gunshot wounds:
- An entrance wound to the chest that perforated the left lung.
- An entrance wound in the abdomen that damaged the colon and two loops of the ilium.
- A bullet wound to the left forearm.
- He was transported to the Polyclinic Hospital but succumbed to his injuries shortly thereafter.
Investigation and Recovery of Evidence
- Lieutenant Colonel Lauro T. Margate led the investigation and sought Daban post-incident but could not lo