Case Summary (G.R. No. 206292)
Antecedents
On April 14, 2007, Estrillo Escobal and Melvin AbaAo were charged with murder for the killing of SPO1 Fernando Gaabucayan, Jr. while armed with a .45 caliber pistol and a homemade .38 caliber revolver. They were accused of acting with treachery and evident premeditation, shooting the victim while he was unarmed and pleading for his life. The RTC convicted the accused on November 26, 2009, a decision subsequently affirmed by the Court of Appeals (CA) on December 20, 2011.
Evidence of the Prosecution
The prosecution presented several witnesses, focusing on the testimony of eyewitness Cesario Auxtero, who reported seeing Escobal shoot the victim while AbaAo stood nearby. The evidence corroborated the presence of gunshot wounds on the victim and recovery of bullets and spent casings indicating the use of firearms. Expert testimonies indicated that the victim did not have a chance to defend himself and that Escobal had fired multiple shots into him after he had fallen to the ground. The prosecution asserted that the shooting was deliberate, highlighting the treacherous nature of the attack.
Evidence of the Defense
The defense contended that both accused were engaged in self-defense, asserting that the victim had fired first. They claimed they were shot at while approaching their home and argued they acted in defense of their lives. Both accused testified to the chaotic circumstances of the incident and claimed they had no intent to kill the victim. The defense presented secondary testimonies which attempted to discredit the prosecutions' claims and highlight inconsistencies in the eyewitness account.
Judgment of the RTC
The RTC found Escobal and AbaAo guilty of murder, determining that they acted in conspiracy and with treachery to kill the victim. The court noted that both did not demonstrate any attempt to avoid a lethal confrontation and highlighted that the shooting was particularly brutal, with the victim’s last moments spent pleading for his life. Each accused was sentenced to reclusion perpetua and ordered to pay substantial damages to the heirs of the deceased.
Decision of the CA
On appeal, the CA affirmed the conviction, rejecting claims of self-defense and treachery. The court upheld the RTC's findings, stressing the absence of credible evidence supporting the defense's assertions. The CA emphasized the weighted credibility of prosecution testimonies, particularly that of the eyewitness, which strengthened the case against both accused. The CA increased the civil indemnity and other awarded damages.
Issue
The primary issue on appeal was whether the CA correctly affirmed the conviction of Escobal and AbaAo, particularly
...continue readingCase Syllabus (G.R. No. 206292)
Case Overview
- Court: Supreme Court of the Philippines
- Date of Decision: October 11, 2017
- Case Number: G.R. No. 206292
- Deciding Justice: Bersamin, J.
- Parties: People of the Philippines (Plaintiff-Appellee) vs. Estrillo Escobal y Salvacion and Melvin E. AbaAo (Accused-Appellants)
- Context: The case revolves around the murder of SPO1 Fernando Gaabucayan, Jr. on April 14, 2007, in Cagayan de Oro City, where the accused were found guilty of murder by the Regional Trial Court and had their conviction affirmed by the Court of Appeals.
Antecedents
- On April 14, 2007, the accused were charged with murder for the killing of SPO1 Fernando Gaabucayan, Jr.
- The prosecution's information alleged that the accused, armed with firearms, attacked and shot the victim multiple times with treachery and evident premeditation.
- The Regional Trial Court (RTC) convicted both accused on November 26, 2009.
Evidence of the Prosecution
- Witnesses: The prosecution presented seven witnesses, including eyewitness Cesario Auxtero, who observed the events leading to the shooting.
- Eyewitness Account: Auxtero testified he saw Gaabucayan talking to Escobal when he heard gunshots. He witnessed the accused shoot Gaabucayan while he was pleading for his life.
- Crime Scene Investigation: Police recovered multiple empty shells and slugs, and a .45 caliber pistol was later identified as the murder weapon.
- Ballistic Tests: Evidence showed that Escobal tested positive for gunpowder nitrates, while AbaAo tested negative.