Case Summary (G.R. No. 202124)
Procedural History
• RTC, Branch 61, Gumaca, Quezon: Convicted Jugueta of two counts of “Double Murder” (Art. 248, RPC) and “Multiple Attempted Murder” (Arts. 248 & 51, RPC).
• CA (Jan. 30, 2012): Affirmed RTC decision.
• SC (Apr. 5, 2016): Addressed appeal, applying the 1987 Constitution.
Factual Background
Jugueta and two companions forcibly stripped the nipa-hut walls, seized by lamp light, ordered Norberto out, then opened fire. Two daughters were hit and died; four other family members were wounded but survived.
Main Issue on Appeal
Appellant challenged witness Norberto Divina’s credibility due to alleged inconsistencies regarding identification of firearms and shooters.
Trial Court’s Credibility Findings
• Trial court and CA credited Norberto’s uncontradicted testimony and demeanor.
• Minor discrepancies relating to trivial details did not undermine identification.
Conspiracy and Joint Criminal Liability
• Three assailants acted in concert with firearms, revealing a common design and unity of purpose.
• Under conspiracy doctrine, the act of one is the act of all; no need to trace individual bullet.
Elements of Murder and Attempted Murder
• Murder (Art. 248, RPC): Unlawful killing with one attendant circumstance (treachery, evident premeditation, nighttime, dwelling). Treachery present as victims were unexpectedly attacked and defenseless.
• Attempted Murder (Arts. 248 & 51, RPC): Overt acts commenced but did not achieve death due to fortuitous causes. Intent to kill shown by use of firearms, manner of attack, and words uttered.
Nomenclature and Information Defects
• RTC labeled offenses “Double Murder” and “Multiple Attempted Murder,” but facts establish two separate counts of murder and four separate counts of attempted murder.
• Informations were duplicitous but waiver occurred when appellant pleaded without moving to quash.
Dwelling as Aggravating Circumstance
• Crime committed in the victim’s dwelling at night, aggravating under Art. 14(3), RPC.
• Trial court and CA overlooked this; SC applied dwelling as ordinary aggravating circumstance.
Modification of Penalties
• Murder: Two counts, aggravated by dwelling → reclusion perpetua instead of death (RA 9346), without eligibility for parole.
• Attempted Murder: Four counts → indeterminate sentence of 4 years, 2 months & 1 day to 10 years & 1 day (Prisión Correccional to Prisión Mayor).
Award of Damages
For each murdered child:
– Civil indemnity: ₱100,000
– Moral damages: ₱100,000
Case Syllabus (G.R. No. 202124)
Facts
- On June 6, 2002, at around 9:00 PM, in Barangay Caridad Ilaya, Atimonan, Quezon, three armed men stripped off the “sack” wall of the nipa hut belonging to Norberto Divina’s family and opened fire.
- The assailants were identified by Norberto as Ireneo Jugueta (his brother-in-law), Gilbert Estores, and Roger San Miguel.
- Mary Grace Divina (13 years old) and Claudine Divina (3½ years old) were fatally shot. Their wounds were described in the medico-legal report.
- Norberto Divina, his wife Maricel, and two other minor daughters (Elizabeth and Judy Ann) were also fired upon but survived.
Procedural History
- Ireneo Jugueta was charged with Double Murder (Criminal Case No. 7698-G) and Multiple Attempted Murder with Estores and San Miguel (Criminal Case No. 7702-G).
- Upon reinvestigation, Provincial Prosecutor dismissed charges against Estores and San Miguel based on Danilo Fajarillo’s sworn statement. Trial proceeded against Jugueta alone.
- The Regional Trial Court (RTC), Branch 61, Gumaca, Quezon, found Jugueta guilty of both charges on February 10, 2006, sentencing him to reclusion perpetua for the murders and prision correctional to prision mayor for the attempted murders.
- On January 30, 2012, the Court of Appeals affirmed the RTC decisions.
- Ireneo Jugueta appealed to the Supreme Court, which issued a Resolution on July 30, 2012 allowing final briefs to stand.
Charges
- Criminal Case No. 7698-G: Double Murder under Article 248, with treachery, evident premeditation, nighttime attack, and dwelling aggravating circumstance.
- Criminal Case No. 7702-G: Multiple Attempted Murder under Articles 248 and 51, committed in conspiracy, with treachery, evident premeditation, and abuse of superior strength, in the dwelling of the Divina family at night.
Evidence and Testimonies
- Medico-legal evidence by Dr. Lourdes Taguinod confirmed that Mary Grace and Claudine died of gunshot wounds; trajectory indicated victims were at higher elevation.
- Norberto Divina testified to:
• Clear illumination by a central gas lamp after the wall was stripped off.
• Immediate volley of shots directed at his family when he refused to come out.
• His protective reaction, covering his children with his body. - Danilo Fajarillo’s statement contradicted Norberto’s identification of Estores and San Miguel, leading to dismissal of charges against them