G.R. No. 145505 - People vs. Garcia

Case Summary (G.R. No. 145505)

Factual Background

The incident grew out of a feud within Barangay Pugaro, Dagupan City. Barangay Captain Jaime (Boy) Garcia was shot and killed; Christopher Garcia then assumed the barangay captain position. PO3 Wilfredo Sanoy was assigned to the Pugaro Police Substation and later was ordered by the Dagupan City Chief of Police to act as security guard-driver of Engr. dela Cruz because the latter had allegedly been receiving death threats from the Garcia family. Engr. dela Cruz likewise told Wilfredo that he had received death threats from Jaime and his brother Ricardo, and their nephew Christopher, because of the same family feud.

On February 24, 1999, Engr. dela Cruz rode a Mitsubishi Gallant car along A.B. Fernandez (West) Street, with Wilfredo driving and with the windows of the front section rolled down. While the car approached the intersection of A.B. Fernandez West and Careenan Streets, Wilfredo saw a motorcycle in front of the Red Cross building. On the motorcycle were Christopher Garcia, his uncle Ricardo Garcia, and Andrew (alias Andut) Tomelden, with Andrew driving, Christopher seated behind Andrew, and Ricardo seated behind Christopher. Wilfredo observed that the motorcycle was following the car. As the car reached the intersection and began maneuvering toward Careenan Street, a passenger jeepney marked “Lingayen-Dagupan” suddenly stopped about two meters in front of the car and blocked its path, forcing Wilfredo to stop to avoid collision.

Momentarily, Andrew’s motorcycle stopped about a meter to the right side of the car, where Engr. dela Cruz sat. Wilfredo turned his gaze toward the motorcycle and saw Ricardo turn his body toward Engr. dela Cruz, raise both hands holding a .45 caliber gun, and shoot Engr. dela Cruz, hitting him on the forehead. The victim instinctively raised his right hand to cover his head. Ricardo fired again, hitting the victim on the right forearm. Wilfredo himself sustained a gunshot wound on his upper thigh. Wilfredo drove the car toward the City Engineers Office for refuge. Andrew momentarily drove the motorcycle and followed the car, but drove away when it reached the City Engineers Office.

Engr. dela Cruz and Wilfredo were brought to Lyceum-Northwestern Hospital, where Dr. Arturo de Vera performed surgical incision on the victim’s head. A few hours later, Engr. dela Cruz was transferred to Villafor Hospital of Dagupan City and operated on by Dr. Ferdinand Florendo, a neuro-surgeon. The victim remained comatose. Despite surgery, Engr. dela Cruz died on March 11, 1999. Dr. Winston Tan, Medico-Legal Officer of the PNP Crime Laboratory, performed an autopsy and prepared a Medico-Legal Report No. M-494-99 after acting on a request by the victim’s widow, Germinia dela Cruz. The report concluded that the victim sustained three gunshot wounds and died due to intracranial hemorrhage secondary to gunshot wound on the head, and it found no gunpowder residue in the periphery of the wounds. An autopsy sketch indicated the locations and number of wounds, and the doctor signed a postmortem certificate of death.

During the on-the-spot investigation, PO1 Gaspar Dacpano recovered three empty bullets/shells of a .45 caliber gun at the crime scene. Wilfredo was discharged after twelve days of hospital confinement. PO1 Dacpano took Wilfredo’s sworn statement at the hospital and recorded the incident in the police blotter.

Filing of the Criminal Case and Appellant’s Arrest

On May 4, 1999, the Information was filed before the RTC charging Ricardo Garcia @ Carding, Christopher Garcia, and Andrew Tomelden @ Andut Duling with murder committed “on or about” February 24, 1999. The Information alleged that the accused, being armed with guns, with treachery and evident premeditation, with intent to kill, and acting in confederation, attacked Engr. Ismael dela Cruz by shooting him and causing his death due to intracranial hemorrhage secondary to the gunshot wound on the head.

A warrant of arrest issued on May 10, 1999 for all accused. Ricardo Garcia was arrested only on December 10, 1999, and it appeared that he was also facing other murder and attempted murder charges in other RTC branches. Christopher and Andrew remained at large. Ricardo was arraigned on December 22, 1999, assisted by counsel de parte, and entered a plea of not guilty.

Trial Court Proceedings and Evidence on Damages

The prosecution presented Wilfredo’s testimony identifying appellant as the shooter, together with documentary medico-legal evidence, the autopsy findings, and the results of the police investigation. For civil liability, the prosecution adduced proof of expenses and claimed actual or compensatory damages. It showed that the heirs of the victim spent a total of P 349,640.36 for hospital and doctors’ fees. However, the prosecution’s summary of expenses indicated P 40,000 during the wake. The prosecution also presented evidence for lost earnings, computing the victim’s unearned income based on his age and income.

The defense was denial and alibi. Ricardo testified that on February 22, 1999 he left Barangay Pugaro and went to Barangay Angio of San Fabian, Pangasinan, where he worked as a mason on a construction project for Emilia Baldonade, located about twenty meters from Sinforoso Baldonade’s house. He claimed he learned that Jaime Garcia had been shot to death on February 10, 1999 and that Ricardo and his brothers would be liquidated by those who killed Jaime. He said he worked there on February 24, 1999 and stayed there until almost the end of May 1999 because he noticed men spying on him and his life was in danger, which caused him to leave.

Issues Raised on Appeal

Appellant assailed the RTC decision chiefly on the ground that Wilfredo’s identification was unreliable. He argued that Wilfredo’s testimony was incredible and internally inconsistent, and he highlighted perceived discrepancies between Wilfredo’s sworn statement to PO1 Dacpano and his testimony in court. Appellant pointed to supposed differences as to the body parts hit, the manner the passenger jeepney blocked the car, and the number of gunshots versus the number of recovered shells. He also argued that it was improbable that Christopher and Andrew would not flee or that they would not shoot the victim as well, given the alleged confederation. Appellant further contended that the shooting location was inconsistent with Wilfredo’s account of where the motorcycle stopped and where the victim was hit. He invoked the medical finding that no gunpowder residue was seen to argue against a close range shooting.

Appellate Court’s Evaluation of Credibility and Physical Evidence

The Supreme Court accorded great weight to the trial court’s findings on witness credibility because the trial court observed Wilfredo’s deportment and demeanor at close range. It held that the prosecution evidence established beyond cavil the credibility of Wilfredo and the verisimilitude of his testimony, despite the minor lapses appellant pointed out.

On the number of shots, the Court ruled that the recovery of only three empty shells was not conclusive of the number of times appellant fired. It observed that Wilfredo himself was shot on the thigh and that Engr. dela Cruz sustained three or four possible gunshot wounds, as reflected in the medico-legal evidence and Dr. Winston Tan’s testimony that there were possible gunshot wounds on the head, the right arm, and the left side, and that lacerated wounds could be caused by gunshots.

The Court also treated the inconsistency about the part of the victim hit as a correctable lapse. It noted that appellant relied on an alleged contradiction where Wilfredo had first stated in his affidavit that the victim was hit on the chest, but the physical evidence showed the victim was hit on the forehead and right forearm. The Court found that Wilfredo clarified the error on the witness stand when asked to reconcile his affidavit and his testimony, explaining that he had thought the victim was hit on the chest because of blood from the head. The Court further considered that Wilfredo’s affidavit was taken shortly after the incident when he was still in daze, and it reaffirmed the rule that affidavits are often incomplete narratives prepared ex parte and are generally subordinated to testimony given in open court.

On appellant’s argument concerning the location of the motorcycle and the trajectory of bullets, the Court accepted that the medical testimony did not foreclose the positions narrated by Wilfredo. It relied on Dr. Tan’s testimony that the assailant could have been in front of or at the side of the victim when the bullet hit the victim, and it reconciled the injuries on the right arm and forearm and the wound on the forehead with a scenario in which, when the motorcycle stopped beside the car, Wilfredo and the victim momentarily looked toward the motorcycle, appellant aimed at the victim, shot him on the forehead, and then shot again when the victim raised his hand to cover his forehead.

As to the absence of gunpowder residue, the Court ruled that the finding was not inconsistent with the testimony that appellant shot the victim at a close distance of about one meter. It noted that surgical incisions had been made on the forehead by Dr. de Vera on the day of the shooting, and that Dr. Tan performed the autopsy only on March 11, 1999 after surgery. It reasoned that any gunpowder residue on the periphery may have been obliterated by surgical intervention and by the passage of time. The Court also stressed that absence of residue does not preclude a near-fire circumstance because other factors might intervene.

On appellant’s claim that Andrew’s behavior was incredible, the Court found it unconvincing. It observed that appellant did not establish that the NBI and Narcom offices were located near the crime scene and that the trial court did not take judicial notice of their proximity. It added that there was no standard behavior for offenders befor

Case Syllabus (G.R. No. 145505)

Parties and Procedural Posture

The case involved People of the Philippines as appellee against Ricardo Garcia @ Carding as appellant.
The Regional Trial Court of Dagupan City, Branch 42 convicted Ricardo Garcia @ Carding of murder and imposed the extreme penalty of death.
The conviction was in Criminal Case No. 99-02815-D, with an automatic review on appeal.
The information named three accused, namely Ricardo Garcia @ Carding, Christopher Garcia, and Andrew Tomelden @ Andut Duling, but the appeal concerned only Ricardo Garcia @ Carding.
Andrew and Christopher remained at large throughout the proceedings.
Ricardo Garcia @ Carding was arrested on December 10, 1999 and arraigned on December 22, 1999, where he pleaded not guilty.
The trial court’s judgment was dated August 30, 2000 and was penned by Judge Luis M. Fontanilla.
The Supreme Court, sitting En Banc, rendered the final disposition by affirming with modification.

Key Factual Allegations

Barangay Captain Jaime (Boy) Garcia was shot to death in Barangay Pugaro, Dagupan City.
After Jaime’s death, his nephew Christopher Garcia took over as barangay captain.
PO3 Wilfredo Sanoy was assigned as security guard-driver to Assistant City Engineer Ismael dela Cruz after receiving police instructions that Engr. dela Cruz was receiving death threats from the Garcia family.
Engr. dela Cruz told Wilfredo that he had likewise received death threats from Jaime, Ricardo, and Christopher because of a family feud.
On February 24, 1999, at around nine in the morning, Engr. dela Cruz rode in his Mitsubishi Gallant car driven by Wilfredo along A.B. Fernandez (West) Street.
Both front-side windows of the car were rolled down, and Wilfredo observed a motorcycle in front of the Red Cross building with Christopher, Ricardo, and Andrew seated on it.
Wilfredo saw that the motorcycle driven by Andrew was following the car, with Christopher behind Andrew and Ricardo behind Christopher.
At the intersection of A.B. Fernandez West and Careenan Streets, the car slowed down to turn left toward Careenan Street when a passenger jeepney blocked the car’s path.
Wilfredo had to stop the car to avoid a collision because the passenger jeepney stopped about two meters away from the hood of the car.
The motorcycle stopped momentarily about one meter away on the right side of the car where Engr. dela Cruz sat.
Wilfredo testified that he saw Ricardo turn toward Engr. dela Cruz, raise both hands holding a .45 caliber gun, and shoot Engr. dela Cruz on the forehead.
Wilfredo testified that Ricardo fired again, hitting Engr. dela Cruz on the right forearm, and Wilfredo himself was hit on his upper thigh.
Wilfredo drove the car to the City Engineers Office for refuge.
Wilfredo stated that Andrew momentarily drove the motorcycle, followed the car, and then drove on after the car reached the City Engineers Office.
Engr. dela Cruz and Wilfredo were brought to Lyceum-Northwestern Hospital, and Engr. dela Cruz later was transferred to Villafor Hospital for neurosurgical treatment.
Engr. dela Cruz remained in a comatose condition and died on March 11, 1999.
A medico-legal autopsy was conducted at the request of Germin ia dela Cruz, and the Medico-Legal Officer concluded that the victim sustained three gunshot wounds and died from intracranial hemorrhage secondary to the gunshot wound on the head.
Police investigation at the scene recovered three empty bullets/shells of a .45 caliber gun.
A police blotter and sworn statement of Wilfredo were used during the investigation.

Medical and Physical Evidence

Dr. Arturo de Vera performed surgical incision and operations on the victim’s head shortly after the shooting.
Engr. dela Cruz underwent later operation at Villafor Hospital by Dr. Ferdinand Florendo, a neuro-surgeon.
The prosecution presented a Medico-Legal Report No. M-494-99 prepared and signed by Dr. Winston Tan.
The Medico-Legal Report described bore holes at the occipital and interparietal regions, hematomas at the infraorbital and supraorbital areas, and multiple lacerated and abraded wounds on the right arm.
Dr. Tan testified that the victim sustained three gunshot wounds and died due to intracranial hemorrhage secondary to the gunshot wound on the head.
Dr. Tan found no gunpowder residue in the periphery of the wounds.
Dr. Tan’s conclusions were consistent with the prosecution’s theory of a gunshot injury to the head as the cause of death.
The defense challenged the shooting range and location of the assailant using Dr. Tan’s observation of the absence of gunpowder residue and the location of the wounds.
The trial record reflected surgical incisions on the head, which the Court treated as possibly affecting the visible presence of gunpowder residue.

Criminal Information and Charges

The Information charged Ricardo Garcia @ Carding, Christopher Garcia, and Andrew Tomelden @ Andut Duling with murder.
The Information alleged that on or about February 24, 1999, within Dagupan City, the accused acted with treachery, evident premeditation, and intent to kill.
The Information alleged that the accused were armed with guns and confederated together, acting jointly and helping one another, by shooting Engr. Ismael dela Cruz.
The charge was stated as murder under Article 248 of the Revised Penal Code.
The Information alleged death shortly thereafter due to intracranial hemorrhage as a result of the gunshot wound on the head.
The trial court ultimately convicted Ricardo for murder qualified by treachery.
The Supreme Court later modified the penalty and the aggravating circumstance appreciation due to pleading requirements.

Issues on Appeal

The appellant assailed the trial court’s reliance on the testimony of PO3 Wilfredo Sanoy, arguing lack of credibility and material inconsistencies.
The appellant argued that Wilfredo’s testimony conflicted with his sworn statement, particularly on the body parts hit by the shots.
The appellant challenged the sequencing and direction of the blocking passenger jeepney based on differences between Wilfredo’s sworn statement and trial testimony.
The appellant questioned the alleged conduct of the assailants after the shooting, arguing it was incredible that Christopher and Andrew did not flee or that Andrew’s conduct was not inconsistent with criminal logic.
The appellant argued physical evidence contradicted the account that Ricardo shot the victim from the motorcycle’s side.
The appellant argued the absence of gunpowder residue supported a far range of firing, contrary to Wilfredo’s account.
The appellant further contested the appreciation of the aggravating circumstance related to use of a motor vehicle and argued that the firearm circumstance was not properly considered as special aggravating without required allegations.

Defense Contentions

The appellant interposed denial and alibi, claiming he left Barangay Pugaro on February 22, 1999 and worked as a mason in Barangay Angio, San Fabian, Pangasinan.
The appellant claimed that at the construction site he was informed about the killing of his brother Jaime and that he feared he and his brothers would also be liquidated.
The appellant claimed he worked on the construction site all day on February 24, 1999 and stayed there until almost the end of May 1999 due to fear of being attacked.
The appellant asserted inconsistencie