G.R. No. 247724 - Dimayuga Law Offices vs. Titan-Ikeda Construction and Development Corp.

Case Summary (G.R. No. 247724)

Charges and Material Allegations

The Information dated February 2, 2010 alleged that on or about June 21, 2009 in Sto. Nino, Cagayan, Mariano, armed with a sharp pointed bladed instrument, with intent to kill, treachery, and abuse of superior strength, attacked and stabbed Janice Marie M. Goze, a minor seventeen (17) years of age, thereby causing her death. Mariano pleaded “not guilty” at arraignment. The parties stipulated that Janice was found dead on June 25, 2009, that she was seventeen (17) years old at the time of death, and that her body was recovered at the boundary of Niug Sur and Lattac, Sto. Nino, Cagayan.

Proceedings in the RTC: Prosecution’s Version

At trial, the prosecution presented five witnesses: Pedro Goze (Janice’s father), Barangay Kagawad Orlando Tolentino, Barangay Captain Jaime Corpuz, Florentino Adriano, and Dr. Ethel P. Simeon. As summarized by the CA, the prosecution’s narrative was that in the morning of June 21, 2009, Pedro was at their house in Lattac, Sto. Nino, Cagayan with his wife Anita, their children Jordan and Mary Jane, Janice, and Mariano, who had been staying with them for about four (4) months as Anita’s cousin. Around 11:00 a.m., Janice left the house for Tuguegarao City to attend school at Vargas College, carrying a bag, a paper bag of items to be delivered, and PHP 2,700.00 in cash. Ten minutes later, Mariano also left the house wearing a black t-shirt with markings and corduroy pants.

The prosecution further narrated that on June 22, 2009, Me-an Urie, a friend of Janice at Lattac, received a text message from a board mate of Janice that Janice did not arrive in Tuguegarao. Me-an Urie relayed this to Janice’s family. Pedro and Anita searched in Tuguegarao, checked the boarding house and the boyfriend’s place, and then filed a missing person report. They also went to Aparri, Cagayan after learning a cadaver had been found, but the search was unsuccessful. On the fourth day, Pedro received a text message from relatives informing him that the police recovered Janice’s body near the river in the talahib area. The family brought the body from the funeral parlor at Ortiz Funeral Parlor in Piat, Cagayan for Janice’s wake and burial at their house, for which Pedro incurred PHP 40,000.00 in expenses.

Dr. Simeon conducted the post-mortem examination on June 25, 2009. She ruled that the cause of death was pneumothorax secondary to multiple penetrating wounds, with multiple stab wounds described on Janice’s chest and abdomen. The prosecution’s account included that on the evening of June 21, 2009, Adriano, sleeping in his house in Lattac, was awakened by Mariano who asked to borrow clothes. Mariano was then in his underwear only. Adriano lent him clothes. Pedro observed that in the evening, Mariano wore a green t-shirt different from the one Mariano wore that morning when he left. Mariano did not return during Janice’s wake but stayed in a neighbor’s house. Kagawad Tolentino later noticed Mariano was uneasy and had scratches on his forearm.

The prosecution also relied on events after the killing. On June 26, 2009, Barangay Captain Corpuz, while riding a kuliglig, was flagged down by Mariano, accompanied by his brother Mardo Mariano. Mardo asked for help to bring Mariano to the police station because Mariano was the suspect in Janice’s killing. Corpuz brought the trio to the police station, where Mariano was detained after his voluntary surrender. En route, Mariano allegedly told Corpuz: “Pakawanun nak iti inararamid ko” (Kap, forgive me for what I have done). Finally, the prosecution testified that on July 1, 2009, Gilbert Ballesteros reported to Tolentino that he found some clothing in his cornfield in Lattac, Niug Sur. Acting on the instructions of Corpuz, the barangay officials retrieved a black t-shirt, recognized by Tolentino as Mariano’s because Tolentino had seen Mariano wear it often, including the night before and during the June wedding celebration of the Adriano family. They returned the t-shirt to Corpuz, who submitted it to the police station.

Proceedings in the RTC: Defense’s Version

The defense presented the lone testimony of Mariano. Mariano stated that on June 20, 2009, he attended the wedding of his nephew about 200 meters from Pedro’s house. At around 11:00 p.m., he went to the house of Randy Campo and slept there. The next morning, around 6:00 a.m., he had coffee with Randy and Randy’s mother. Around 10:00 a.m., while going to the house of his uncle Ciriaco Mariano, Pedro invited him to eat, and Mariano ate with Pedro’s family, including Janice. Around 10:30 a.m., he went to Ciriaco’s house to cook. He then fed pigs and tended carabaos in the afternoon. In the evening, Pedro called him to have drinks with relatives; after drinking, Mariano asked permission to sleep below Pedro’s house, and permission was allegedly granted.

Mariano maintained that on the next morning, Pedro and Anita asked him to accompany them to Buguey, Cagayan to look for Janice. Mariano claimed he only learned of Janice’s death on June 25, 2009, when the body was found and brought home by relatives, and he helped prepare for the wake. He asserted that he was later suspected by Kagawad Tolentino. Mariano also testified that on June 26, 2009, Police Officer Rosendo Ruiz, Jr.—through his brother Mardo—invited him to the Sto. Nino Police Station. He claimed that by coincidence he and Mardo rode with Barangay Captain Corpuz to the station, where he was detained immediately. He further stated that he was only informed of the charges against him on July 3, 2009.

RTC Ruling: Conviction Based on Circumstantial Evidence

In its November 24, 2020 Decision, the RTC convicted Mariano of murder and imposed reclusion perpetua. The RTC treated the prosecution’s evidence as circumstantial and found the following circumstances persuasive: (1) on June 21, 2009, Mariano was seen wearing a black t-shirt with markings; (2) the same shirt was retrieved in Ballesteros’s cornfield about 100 meters from where the body was recovered; (3) Mariano, wearing only his underwear, woke Adriano in the evening of June 21 to borrow clothes; (4) Mariano, with his brother, proceeded to the police station; and (5) Mariano asked forgiveness from Barangay Captain Corpuz.

The RTC also found that Mariano was armed with a bladed weapon at the time of the incident and that the killing was attended by abuse of superior strength, qualifying the killing into murder. The RTC rejected the defense of denial as inconsistent and unworthy of belief.

CA Ruling: Affirmance With Modification of Damages

On appeal, Mariano argued that the RTC erred in finding guilt beyond reasonable doubt because the prosecution allegedly failed to present an eyewitness and the circumstantial evidence was insufficient. The CA, in its April 27, 2023 Decision, denied the appeal and affirmed the RTC’s conviction, agreeing that Mariano was the perpetrator and that the killing was attended by abuse of superior strength.

The CA modified the monetary awards. It held that the prosecution failed to provide documentary proof supporting the claimed PHP 40,000.00 burial expense, so it replaced actual damages with temperate damages of PHP 50,000.00. It ordered Mariano to pay civil indemnity, moral damages, and exemplary damages in the amounts of PHP 75,000.00 each, and temperate damages of PHP 50,000.00, with six percent (6%) interest from the finality of the CA decision until fully paid.

Issue on Appeal

The core issue before the Court was whether Mariano was guilty beyond reasonable doubt of the crime of murder defined and penalized under Article 248 of the Revised Penal Code.

Legal Framework: Elements of Murder and Circumstantial Evidence

The Court restated that under Article 248, murder requires proof of: (1) that a person was killed; (2) that the accused killed him; (3) that the killing was attended by any qualifying circumstance under Article 248; and (4) that the killing is not parricide or infanticide. The Court also reiterated that criminal convictions may rest on circumstantial evidence. Relying on Rule 133, Section 4 of the Rules of Court, the Court emphasized that circumstantial evidence is sufficient only if there is more than one circumstance; the facts from which inferences are derived are proven; and the combination of circumstances produces conviction beyond reasonable doubt. The Court further stressed that inferences cannot be based on other inferences.

The Court’s Evaluation of the Circumstances Against Mariano

The Court held that the circumstantial evidence relied upon by the RTC and the CA did not form an unbroken chain leading to Mariano’s guilt beyond reasonable doubt. The Court found the prosecution’s proof insufficient, and it characterized the evidence as engendering doubt rather than producing moral certainty.

First, the Court found no evidence establishing that Mariano was the owner of the black t-shirt retrieved from Ballesteros’s cornfield. While the shirt allegedly had “markings,” the record contained no explanation as to what those markings were, no testimony that the shirt contained any Mariano DNA, and no testimony that the shirt was bloodied. The Court concluded that the shirt itself had no indication that it was involved in any crime, much less in the murder.

Second, the Court held that the fact that Mariano was seen borrowing clothes while wearing only his underwear could not automatically infer participation in the killing. The Court reasoned that other explanations were possible for Mariano’s nocturnal acts. The Court also noted a gap: only a black t-shirt was recovered in the cornfield, yet the testimony did not establish where Mariano’s pants were.

Third, the Court found that Mariano’s statement to Barangay Captain Corpuz upon being taken to the police station did not amount to an admission or confession of the crime. The Court characterized the remark as vague and ambiguous and found it insufficient to establish guilt.

Case Syllabus (G.R. No. 247724)

Parties and Procedural Posture

People of the Philippines prosecuted Cornelio Mariano y Hipolito (Mariano) for murder under Article 248 of the Revised Penal Code.
Mariano entered a plea of “not guilty” during his arraignment.
The Regional Trial Court (RTC) of Pata, Tuao, Cagayan, Branch XI convicted Mariano of murder and imposed reclusion perpetua.
Mariano appealed to the Court of Appeals (CA), which affirmed the RTC conviction with modification of damages.
Mariano elevated the matter to the Supreme Court on an appeal for acquittal.
The Supreme Court reversed and set aside the CA decision and acquitted Mariano on reasonable doubt.

Information and Charge

The Information dated February 2, 2010 charged Mariano with murder under Article 248.
The Information alleged that on or about June 21, 2009 in Sto. Nino, Cagayan, Mariano, armed with a sharp pointed bladed instrument, acted with intent to kill, treachery, and abuse of superior strength.
The Information stated that Mariano attacked and stabbed Janice Marie M. Goze, a minor seventeen (17) years of age, thereby causing her death.
The Information further alleged that the killing occurred “within the jurisdiction” of the court and was done willfully, unlawfully, and feloniously.

Stipulations Before Trial

The parties stipulated that Janice was found dead on June 25, 2009.
The parties stipulated that Janice was seventeen (17) years old at the time of her death.
The parties stipulated that Janice’s body was recovered at the boundary of Niug Sur and Lattac, Sto. Nino, Cagayan.

Prosecution Evidence

The prosecution presented five witnesses: Pedro Goze, Orlando Tolentino, Jaime Corpuz, Florentino Adriano, and Dr. Ethel P. Simeon.
The prosecution’s narrative placed Mariano in the household of Pedro during the relevant period and depicted his departure with a marked black t-shirt on June 21, 2009.
Pedro testified that Janice left the house in the morning of June 21, 2009 for Tuguegarao City and carried items and cash, and that Mariano was also seen leaving after about ten minutes.
Pedro and family undertook searches after Janice did not arrive, filed a missing person report, and later learned that a body had been recovered near the river in the talahib area.
Pedro testified that the body was brought to Ortiz Funeral Parlor, and that they incurred expenses for the wake and burial in the amount of PHP 40,000.00.
Dr. Simeon conducted the post-mortem examination on June 25, 2009 and opined that the cause of death was pneumothorax secondary to multiple penetrating wounds.
The post-mortem findings described multiple penetrating wounds in the chest and abdominal areas, leading to hemopneumothorax secondary to multiple penetrating chest wounds.

Testimony on Events of June 21–26

Adriano testified that on the evening of June 21, 2009, Mariano woke him to borrow clothes and Mariano was then wearing only his underwear.
Adriano stated that because they were relatives, he lent Mariano his clothes.
Pedro testified that Mariano did not return during Janice’s wake and instead stayed in the neighbor’s house.
Kagawad Tolentino testified that on the night of Janice’s wake Mariano appeared uneasy and had scratches on his forearm.
On June 26, 2009, Brgy. Capt. Corpuz was flagged down while on his kuliglig ride, and Mariano, with his brother Mardo Mariano, sought assistance by reporting that Mariano was the suspect in Janice’s killing.
Brgy. Capt. Corpuz testified that Mariano told him en route to the police station: “Pakawanun nak iti inararamid ko” (Kap, forgive me for what I have done).
Mariano was turned over to the police and was detained at the PNP Sto. Nino Police Station after he surrendered voluntarily.

Retrieval of Clothing

On July 1, 2009, Gilbert Ballesteros and another barangay kagawad reported to Kagawad Tolentino that some clothing had been found in Ballesteros’s cornfield in Lattac, Niug Sur.
Kagawad Tolentino relayed the report to Brgy. Capt. Corpuz, and barangay officials retrieved the clothing from the cornfield.
The recovered item was a black t-shirt which Kagawad Tolentino recognized as Mariano’s because Mariano had worn it often, including the night before and during the wedding celebration of the Adriano family in June 2009.
Brgy. Capt. Corpuz submitted the t-shirt to the police station.

Defense Version

Mariano testified as the lone defense witness and claimed an alibi and alternative sequence of events.
Mariano stated that on June 20, 2009 he attended the wedding of his nephew near Pedro’s house and spent the night at the house of Randy Campo.
Mariano claimed that the next morning he woke at around six (6) a.m., had coffee with Randy and Randy’s mother, and later ate at Pedro’s house around ten (10) a.m., where Janice was also present.
Mariano asserted that around ten-thirty (10:30) a.m. he went to cook food at the house of his uncle, Ciriaco Mariano, and in the afternoon fed pigs and tended carabaos.
Mariano testified that at night Pedro called him to have drinks with family members and Jordan Goze, after which Pedro allowed him to sleep below their house.
Mariano claimed that he only learned of Janice’s death on June 25, 2009 when her body was found, and he later helped prepare the wake.
Mariano denied involvement and stated he was surprised when Kagawad Tolentino suspected him.
Mariano testified that on June 26, 2009, Police Officer Rosendo Ruiz, Jr., through Mariano’s brother Mardo, invited him to the Sto. Nino Police Station.
Mariano claimed he and Mardo rode with Brgy. Capt. Corpuz to the police station and that he was detained immediately, but he stated that he was on