Case Summary (G.R. No. 225595)
Factual Background
On March 9, 2008 at around 2:00 a.m., victim Joseph Capinig left home to retrieve his cellphone from Rolando. His wife, Ma. Theresa, followed and witnessed Rolando and Mark Kenneth strike Joseph on the nape with a baseball bat. After Joseph fell, the two allegedly mauled him until she shouted for help. The assailants fled. Joseph was rushed to the hospital but pronounced dead on arrival. Post-mortem findings revealed blunt-force trauma to the brain with contusion and hemorrhage.
Rolando denied involvement, claiming he was at a wake from 11:00 p.m. to 2:00 a.m. He testified that Joseph, armed with a kitchen knife, lunged at him, but he escaped unharmed.
RTC Proceedings and Judgment
An Information charged Rolando and Mark Kenneth with murder qualified by treachery and abuse of superior strength. At arraignment, Rolando pleaded not guilty; Mark Kenneth remained at large. Trial ensued. The RTC found Ma. Theresa’s testimony “clear, positive, categorical and credible,” establishing Rolando’s identity and participation. It also concluded that treachery attended the killing. On September 3, 2012, the RTC convicted Rolando of Murder under Article 248, sentencing him to reclusion perpetua and ordering civil indemnity (₱50,000), moral damages (₱50,000), and exemplary damages (₱25,000).
Court of Appeals Ruling
By Decision dated January 13, 2015, the CA affirmed Rolando’s guilt and the finding of conspiracy but downgraded the conviction to Homicide. It held that the Information failed to allege factual circumstances showing how treachery directly and specially insured execution of the crime. Consequently, the CA modified the penalty and damages, awarding temperate damages (₱25,000) instead of exemplary damages.
Issues on Appeal
- Whether the prosecution proved Rolando’s guilt beyond reasonable doubt, including identity and conspiracy.
- Whether conspiracy existed between Rolando and Mark Kenneth.
- Whether the Information sufficiently alleged the qualifying circumstance of treachery.
Supreme Court Ruling
Admissibility and Credibility of Eyewitness Testimony
The Court, applying the 1987 Constitution’s presumption of innocence and due process guarantees, gave great weight to the RTC’s and CA’s factual findings on witness credibility. Ma. Theresa positively identified Rolando at a five-meter distance, having known him since childhood. Minor inconsistencies in her narrative were explained, deemed badges of truth rather than indications of bad faith. Rolando’s uncorroborated denial did not overcome her credible testimony.Existence of Conspiracy
Conspiracy was properly inferred from their joint appearance at the crime scene, their coordinated assault on the victim, and their flight together. Implied conspiracy suffices, and where proven, makes all conspirators liable as co-principals regardless of the extent of their individual acts.Sufficiency of Allegation of Treachery in the Information
Although the CA applied a line of decisions requiring detailed factual averments of the qualifying circumstance, the Supreme Court opted for the prevailing rule that an accused waives formal defects in an Information by failing to file a motion to quash or a bill of particulars before pleading. Rolando did not challenge the Information’s specification of treachery and abuse of superior strength at arraignment; he pleaded not guilty and proceeded to trial, thereby waiving any right to contest such formal defects. As a result, the Court reinstated the RTC’s conviction for Murder.
Constitutional and Procedural Basis
- 1987 Constitution, Art
Case Syllabus (G.R. No. 225595)
Procedural History
- An Information for murder was filed in RTC, Las Piñas City (Criminal Case No. 08-0616) against Rolando Solar y Dumbrique and Mark Kenneth Solar.
- On September 3, 2012, the RTC convicted Rolando of Murder under Article 248, RPC, and imposed reclusion perpetua with civil and moral indemnities and exemplary damages.
- Rolando appealed to the Court of Appeals (CA) in CA-G.R. CR-HC No. 05757.
- The CA, in its January 13, 2015 Decision, affirmed guilt and conspiracy but downgraded the offense to Homicide for insufficient pleading of treachery.
- Rolando elevated the case to the Supreme Court via ordinary appeal.
Facts
- Victim: Joseph Capinig y Mato.
- Date & Place of Incident: March 9, 2008, in Las Piñas City.
- Accused: Rolando Solar y Dumbrique (appellant) and Mark Kenneth Solar (at large).
- Allegation: Conspiring “with intent to kill” and “with treachery and abuse of superior strength” to beat Joseph on the head with a baseball bat, inflicting mortal wounds.
Arraignment and Plea
- Rolando pleaded not guilty at arraignment.
- Co-accused Mark Kenneth remained at large and was not arraigned before the RTC.
Prosecution Evidence
- Eyewitness: Ma. Theresa Capinig, wife of the victim.
- Testified she saw both assailants hit Joseph on the nape with a baseball bat around 2:00 a.m.
- Heard her husband fall and saw the two gang up on him; assailants then fled.
- Medical Examiner: Dr. Voltaire Nulud.
- Postmortem: contusions on forehead, abrasion infrascapular left, subdural and subarachnoid hemorrhage.
- Cause of death: Traumatic brain injury from blunt force.
Defense Evidence
- Rolando claimed he was at a wake from 11:00 p.m. to 2:00 a.m.
- Alleged Joseph approached him with a kitchen knife and tried to stab him, prompting Rolando to run away unharmed.
RTC Ruling
- Found Ma. Theresa’s testimony clear, positive, categorical, and credible.
- Held that treachery qualified the killing; convicted Rolando of Murder under A