G.R. No. 128286 July
20, 1999
Lessons Applicable: Motive
Laws Applicable:
FACTS:
·
April 14, 1994 9:00 am: Salahay arrived at the
house of Basao’s uncle, Gabino Maca, in full CAFGU uniform with an M-16
armalite and asked Basao if he could go with him to Carrascal for them to “make
money”. They took a jeep from Hinapoyan
to Madrid to Cantilan, Surigao del Sur and alighted at the waiting shed by the
Caltex Station Crossing. Salahay told
Basao to wait for a motorcycle bound for Carrascal while he wnt to the store
opposite the waiting shed to buy cigarette.
When Basao hailed a motorcycle, Salahay said he still wanted to
smoke. Basao was surprised as Salahay
looked at the next motorcycle which was about 6 to 8 meters away from him. He then strafed its passengers, Joerlick
Faburada and his wife, Dra. Arlyn Faburada, with his armalite using more or
less 20 bullets. Dra. Arlyn Faburada,
waring a white blouse, was thrown into the streets while Lt. Joerlick Faburada,
wearing a type “A” Polo shirt police uniform,
was dragged by the motorcycle until it fell to the ground. After shooting, he took 1 .45 caliber pistol,
1 ICOM Radio Handset and 1 PNPA gold ring from the body of Joerlick Faburada
worth P37,000. He then instructed Basao
to start the motorcycle but he wasn’t able to so they walked to the house of
Pastor Pigneo Ampo where Salahay stayed. Basao went back to his uncle’s house
before going back to his boarding house.
·
April 14, 1994 3:00 pm: Salahay went to Reynaldo
Angeles’ apartment to asking him to go with him to Basao’s boarding house. When
Basao refused to pawn the ring, Angeles pawned it at M-Lhuillier Pawnshop for
P2,100. After, they went to Red Apple
Bar for a drinking spree where Salahay told the story of the Faburada spouses. He shot Lt. Faburada for being very strict in
enforcing the laws against illegal logging (motive) while his wife crawled to
grab the calibre pistol.
·
SPO4 Manuel L. Azarcon in response to Rodrigo
Eleazar’s report found the bodies and took them to Cantilan Polymedic Hospital
where they were declared dead on arrival
·
April 27, 1994: PO2 Warlito Cale brought Azarcon
2 letters from Pastor Martin Ampo, Sr. revealing that the ring was pawned by
Angeles at the M-Lhuillier Pawnshop in Butuan City. They then proceeded to the M-Lhuillier
Pawnshop with Angeles and redeemed the ring.
·
April 14, 1994 12:10 pm: Pepe Iligan Y Salahay
and Gilbert Basao y Maca
·
January 13, 1995: Basao was arrested while
Salahay remained at large. Basao entered
a plea of “Not Guilty” and a separate trial was conducted against him in
Criminal Cases Nos. C-14, C-15, and C-16.
·
August 15, 1996: Salahay was arrested
·
October 14, 1996: Basao was acquitted since
evidence miserably failed to establish the identity. They failed Reynaldo Angeles and Pastor Ampo,
Sr. (letter sender who informed SPO4 Manuel L. Azarcon that Reynaldo Angeles
was the person who pawned the ring of the late Lt. Joerlick Faburada). Basao’s affidavit during his custodial
investigation was inadmissible due to certain constitutional infirmities with
respect to his right to counsel, to be informed of such rights and the
safeguards enshrined under the Constitution whenever an accused is under
custodial investigation.
·
October 17, 1996: Salahay entered a plea of “Not
Guilty”
o
testimonies of:
§
Gilbert Basao
Ø
Salahay is a member of the Citizens Armed Forces
Geographical Unit (CAFGU) assigned at Gacub, Carmen, Surigao del Sur
Ø
1993 to 1994 Salahay used to stay in the house
of his uncle, Gabino Maca
§
Reynaldo Angeles
Ø
Salahay is engaged in logging activities
Ø
Salahay’s wife is the first cousin of the his
wife
Ø
Basao is his classmate since his elementary
grades
Ø
he thought that the gold ring came from a good
source
o
Dr. Luciano Ortega, the physician from Cantilan
Polymedic Hospital, issued medical certificates regarding the bodies of the
Faburada spouses
·
Salahay has used the defense of alibi
o
Before he was arrested, he went to Canlubang,
Palao Village to work so that he can help his brothers and sisters.
o
He only owned a garand rifle
o
that he was dropped from the rolls as a CAFGU in
the year 1994 due to the pendency of these cases against him, and that he did
not surrender to the authorities because he was afraid that he might be shot
·
Salahay’s alibi was corroborated by Alfredo
Yagao’s testimony, who for 3 years was the Barangay Captain of Hinapoyan,
Carmen, Surigao del Sur. He stated that
he saw Salahay with 5 CAFGU companions that on April 14, 1994 around 4 p.m.
carrying a long firearm.
·
RTC: relied on Basao’s testimony held that
Salahay is guilty beyond reasonable doubt of 2 counts of Murder and 1 count of
Robbery.
·
Pursuant to Section 22 of Republic Act No. 7659,
criminal cases nos. C-15 and C-16 was forwarded to the Supreme court of the
Philippines for automatic review within 20 days but not earlier that 15 days
after the promulgation of these judgments.
ISSUE: W/N Salahay is guilty beyond
reasonable doubt.
HELD: YES. RTC AFFIRMED with the
MODIFICATION penalty of reclusion
perpetua
·
Although alibi, like denial, is inherently weak
and can be easily fabricated, it could also serve as basis for an acquittal if
it could really be shown by clear and convincing evidence that it was indeed
physically impossible for him to be at the crime scene at that time. – failed
to prove
·
Alfredo Yagao offered conflicting statements
before the court
·
It is a well-entrenched doctrine that an
accused’s flight from the scene of the crime and his act of hiding himself
until he was arrested are circumstances highly indicative of his guilt. For a
truly innocent person would normally grasp the first opportunity to defend
himself and to assert his innocence over a crime imputed against him.
·
For the death of Lt. Joerlick Faburada, subject
of Criminal Case No. C-16, and Dra. Arlyn Faburada, subject of Criminal Case
No. C-15, the crime committed was murder qualified by treachery or alevosia.
o
unexpected and sudden attack under circumstances
which render the victim unable and unprepared to defend himself by reason of
the suddenness and severity of the attack, constitutes alevosia
o
Alevosia is taken into account, even if the
deceased was face to face with his assailant(s), when the attack was so sudden
and unexpected that the victim was not in a position to offer an effective
defense
·
For even assuming that accused-appellant only
intended to kill Lt. Joerlick Faburada, the treacherous nature of the attack
was made in continuous aggression that cannot be broken up to constitute a
separate, distinct and independent attack.
The settled rule is that in order to appreciate treachery in continuous
aggression, the same must be shown present at the inception of the attack. Treachery
may be taken into account even if the victim of the attack was not the person
whom the accused intended to kill.
·
Assuming that the real object of the assault is
Lt. Faburada and that the death of Arlyn was purely accidental as a result of
the firing of M-16 rifle, it does not modify the nature of the crime nor lessen
accused-appellant’s criminal liability under Article 4 paragraph 1 of the
Revised Penal Code
o
1. By any
person committing a felony (delito) although the wrongful act done be different
from that which he intended.”
·
Disagree with the finding of the trial court
that the aggravating circumstance of evident premeditation attended the killing
of the Faburada spouses. This aggravating circumstance cannot be used to
increase the penalty as the prosecution failed to show when accused-appellant
meditated and reflected upon his decision to kill the victim and the
intervening time that elapsed before this plan was carried out.
·
While the motive for the commission of the crime
may be duly established it does not constitute sufficient ground to consider
the existence of evident premeditation. Motive may be used to indicate the time
when the offender determined to commit the crime and the outward act manifestly
indicating that the culprit has clung to such determination. However, the fact of motive alone is not
sufficient to prove the most important element, the third element, proof that
sufficient lapse of time between the determination and the execution intervened
to allow the offender to reflect on the consequences of his act.
·
To warrant a finding of evident premeditation,
it must appear not only that the accused decided to commit the crime prior to
the moment of its execution but also that this decision was the result of
meditation, calculation, reflection, or persistent attempt
·
The aggravating circumstance of abuse of
superior strength alleged in the aforementioned two Informations for the death
of the spouses Faburada is already absorbed in the qualifying circumstance of
alevosia or treachery so the same need not be appreciated separately
·
Cruelty as an aggravating circumstance cannot be
appreciated in the absence of any showing that herein accused-appellant, for
his pleasure and satisfaction, caused the victim to suffer slowly and painfully
and inflicted on him unnecessary physical and moral pain.
·
The specific aggravating circumstance of “with
insult or in disregard of the rank of the offended party” alleged in Criminal Cases
Nos. C-15 and C-16 is, likewise, unavailing in both cases. Not shown that it is deliberately intended to
disregard or insult the respect due them on account of their rank, age, or sex.
·
Article 63 of the Revised Penal Code, the
absence of any aggravating or mitigating circumstance justifies the application
of a lesser penalty- penalty of reclusion perpetua, not death
·
Although the crimes of robbery and theft under
the Revised Penal Code have in common the elements of (a) unlawful taking; (b)
with intent to gain; (c) taking of personal property; and (d) the property
taken belongs to another, they differ in the manner in which they are
asported. Considering that the victim
was already heavily wounded when his personal properties were taken, there was
no need to employ violence against or intimidation upon his person. Thus, in Criminal Case No. C-14,
accused-appellant can only be held guilty of the separate offense of theft
under Article 308, penalized under Article 309 of the Revised Penal Code.
