654 Phil. 351
CARPIO, J.:
The historical backdrop shows that at around 7:40 a.m. of August 6, 1993, at Orambo Drive, Orambo, Pasig City, Barangay Chairman Avelino Pagalunan was gunned down by four (4) men who thereafter ran towards Shaw Blvd. The incident was witnessed by Ruiz Constantino and Solomon Molino who were seated six (6) arms length away and conversing on the flower pots planted with bougainvilla lined along Orambo Drive corner St. Jude Street, Orambo, Pasig City. Barangay Chairman Avelino Pagalunan was thereafter brought to Medical City Hospital where he expired due to multiple gunshot wounds in the body, in the neck and in the head. The most fatal wound was the one sustained in the head.
On that same day, at around 10:30 a.m., Solomon Molino, a Barangay Kagawad, gave his statement to the District Central Investigation Branch, Eastern Police District Command relating the incident he saw but failed to identify the assailants.
On September 29, 1993, Arturo Nagares was apprehended by the Pasig Police on account of his conviction in another case for Frustrated Homicide. He was later to be taken custody by the National Bureau of Investigation at its detention center along Taft Avenue where the next day, on September 30, 1993, Ruiz Constantino gave his statement identifying Arturo Nagares y De Leon from the four (4) pictures presented to him as one of the three (3) armed assailants of Barangay Captain Pagalunan on August 6, 1993.
Arturo Nagares was likewise identified from the four (4) pictures shown to another witness, Rodolfo Paat, who claims to be at Orambo Drive corner Shaw Blvd., Pasig City, when he heard several gun shots with people shouting "nagbabarilan, nagbabarilan." Moments later, from the corner of St. Jude St. and Orambo Drive, he saw four (4) men each carrying guns running from Orambo Drive towards Shaw Blvd. and boarded a jeep going to Mandaluyong, Metro Manila.
The third witness to give a statement to the NBI on same day was Solomon Molino who likewise identified Arturo Nagares from the four (4) pictures laid before him.
On October 19, 1993, while under detention at the NBI, Arturo Nagares executed an extrajudicial confession to the killing of Barangay Chairman Avelino Pagalunan before Atty. Orlando V. Dizon, Chief, SOG, NBI. Assisting him in the confession was practicing lawyer, Atty. Esmeralda E. Galang, who was at the NBI following up the implementation of a warrant of arrest in one of the cases she was handling. In Nagares' extrajudicial confession, he implicated Vice Mayor Anching De Guzman as the mastermind, and Rodolfo Capitle a.k.a. Putol, Elymar Santos and a John Doe as his cohorts in the killing of the Barangay Chairman.
On January 21, 1994, witness Solomon Molino executed his third affidavit before the NBI and identified Ramil Marquina in a police line-up as one of those who fired at Pagalunan.
Then again, on March 21, 1994, the same Solomon Molino gave a written statement before the Pasig Police identifying Rodolfo Capitle, who was earlier arrested by the police by virtue of a warrant of arrest issued by Judge Milagros V. Caguioa of the Pasig Court for Frustrated Homicide.
On March 26, 1994, witness Rodolfo Paat executed another statement before the NBI identifying Rodolfo Capitle from the 20 pictures shown him as one of those armed men he saw on August 6, 1993 running from Orambo Drive to Shaw Blvd.
On April 4, 1994, a criminal charge sheet for Murder was filed against Rodolfo Capitle and Arturo Nagares.
On September 29, 1994, the Information was amended to include Ramil Marquina as one of the accused, together with Rodolfo Capitle and Arturo Nagares. The Amended Information reads:
The undersigned 2[nd] Asst. Provincial Prosecutor accuses RODOLFO CAPITLE, ARTURO NAGARES and RAMIL MARQUINA of the crime of MURDER, committed as follows:
That on or about the 6[th ]day of August 1993 in the Municipality of Pasig, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together, with intent to kill, evident premeditation, treachery, and with abuse of superior strength, did then and there willfully, unlawfully and feloniously attack, assault and shot Brgy. Chairman Avelino Pagalunan on the vital parts of his body, thereby inflicting upon the latter mortal and fatal gunshot wounds which caused his death.
CONTRARY TO LAW.
On April 17, 1997, all three (3) accused were properly arraigned. Assisted by their respective counsels, they entered a "not guilty" plea. After the case was set for pre-trial conference, trial on the merits followed.
During the trial, prosecution witness Ruiz Constantino testified and identified accused Arturo Nagares as one of those he saw shooting the victim, Barangay Chairman Avelino Pagalunan, but could not identify the rest of the assailants. Another witness for the People, Solomon Molino, with whom Constantino was conversing at the time, claimed to have witnessed the shooting incident and even prepared a sketch as to the respective positions of the victim, the assailants and where they were seated. Nevertheless, he found it hard to identify the gun wielders.
The third eyewitness, Rodofo Paat, who claims that during the incident he was at the end of the tricycle line along Orambo Drive between Shaw Blvd. and St. Peter St. when he heard gunshots coming from Orambo Drive corner St. Jude St. about 80 meters away from where he was. Upon hearing the gunshots, people in the vicinity scampered for cover but he stayed put and saw four (4) persons with guns emerged from the smoke running towards Shaw Blvd. He later on identified two (2) of them in open court as accused Arturo Nagares and Rodolfo Capitle.
Accused Arturo Nagares offered alibi as a defense. He was sleeping at the house of his sister Gaudelia Mercado at 92 F. Asedillo St., Bagong Katipunan, Pasig City, as he was suffering from fever due to boil ("pigsa") at the right leg, he said. This testimony found corroboration from his sister, Gaudelia, and even narrated she accompanied Arturo to the Rizal Medical Center where he was treated and given medication by a certain Dr. Ong. As to the extrajudicial confession, Nagares claimed that he was violated, forced, coerced and tortured into admitting the crime, and to sign the already prepared extrajudicial confession.
For his part, accused Rodolfo Capitle as well put forth the defense of alibi insisting that on the day of the shooting, he was at their house at Bambang, Pasig, with his wife and children cleaning and feeding the hogs. Afterwards, he continued, he took a bath and rested for the rest of the day. His wife substantiated his testimony. Rodolfo went on saying that on March 18, 1994, he was arrested and detained at the Pasig Police Headquarters for another crime. On March 23, 1994, the NBI took custody of him at the NBI Headquarters along Taft Avenue. While at the NBI Headquarters, he complained of having been tortured by placing a plastic bag on his face, boxed on the chest and abdomen, electrocuted and was forced to admit to the killing of the Barangay Captain but was able to refuse, nonetheless.
x x x x[3]
WHEREFORE, premises considered, the Court finds accused ARTURO NAGARES and RODOLFO CAPITLE GUILTY beyond reasonable doubt of the felony of MURDER defined and penalized under Article 248 of the Revised Penal Code as amended and each accused is hereby sentenced to suffer the penalty of reclusion perpetua. Upon the other hand, considering that the Court failed to prove the guilt of the accused RAMIL MARQUINA beyond reasonable doubt, the aforesaid accused is hereby ACQUITTED of the crime charged.
Accordingly, the Court orders accused Nagares and Capitle to pay jointly in solidum the widow of the victim, Merlie Pagalunan, the following amounts, to wit:
- PhP50,000.00 as indemnity;
- PhP 100,000.00 as moral damages;
- PhP 50,000.00 as exemplary damages;
- PhP 50,000.00 representing actual and compensatory damages;
- PhP 30,000.00 as attorney's fees;
- And costs.
The Jail Warden of the Pasig City Jail where accused Rodolfo Capitle is presently detained during the pendency of this case, is accordingly ordered to immediately transfer the person of the aforesaid accused to the National Bilibid Prisons (NBP) of the Bureau of Corrections in Muntinlupa City, Metro Manila, as he is now considered an insular prisoner. Let therefore the corresponding Order/s of Commitment (Mittimus) be issued pursuant to Circular No. 4-92-A, dated April 20, 1992 and Circular No. 66-97 dated October 14, 1997 of the Office of the Court Administrator of the Supreme Court.
In the meantime, the Director of the National Bilibid Prisons (NBP) where accused Arturo Nagares is already serving sentence for another crime, is hereby informed of the latter's conviction in the present case for his appropriate action and guidance.
Costs de oficio.
SO ORDERED.[4]
IN VIEW OF ALL THE FOREGOING, finding no reversible error in the appealed judgment, the same is hereby AFFIRMED in toto. Costs de officio.
SO ORDERED.[5]
- WHETHER THE CONSTITUTIONAL RIGHTS OF APPELLANTS WERE VIOLATED THEREBY RENDERING THE EVIDENCE PURPORTEDLY OBTAINED THROUGH SAID VIOLATION AS NULL AND VOID.
- WHETHER THE PROSECUTION WAS ABLE TO ESTABLISH THE GUILT OF APPELLANTS BEYOND REASONABLE DOUBT.[6]
Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families.
ATTY. BLANES:
Q You said you will be able to remember the face of those who shot Avelino Pagalunan, now, if you see them again, will you be able to identify them?
A Yes, sir.
Q If they are inside the courtroom, will you be able to identify them?
A Yes, sir.
Q Will you please point those who shot Avelino Pagalunan.
INTERPRETER
(witness pointing to a man in the first row wearing orange polo shirt and when asked he answered by the name of Arturo Nagares)[11]
x x x x
COURT:
You said that you saw the three (3) person who were shooting the victim and you have identified one of the assailants a certain Arturo Nagares are the two (2) others inside the Courtroom?
A I cannot exactly say because my attention at that time was only with Arturo Nagares.[12]
Q: What was that incident that took place?
A: I heard successive gun shots.
Q: Now in relation to where you were from what direction did you hear this successive gun shots?
A: At the corner of St. Jude and Oranbo Drive, sir.
Q: What did you notice, if any at the corner of Oranbo Drive and St. Jude?
A: I saw 4 men coming from the smoke.
Q: More or less, Mr. Witness, could you estimate the distance from where you were to the corner of Oranbo Drive & St. Jude?
A: More or less 80 meters.
Q: Now, you said, you saw men coming from the corner of Oranbo Drive and St. Jude where there was smoke, how many men more or less?
A: 4 men, sir.
Q: Where, where they headed to and when you had seen these 4 men coming from that direction?
A: On their way going to Shaw Blvd.
Q: Did you notice if they were holding something?
x x x x
A: I saw each one of them holding a gun.[16]
x x x x
Q: Now of these 4 men running and holding caliber 45 did you recognize any of them?
A: Yes, sir.
Q: If those whom you recognized is or are inside this court room, will you be able to point to them?
A: Yes, sir.
Q: Will you please point to them, Mr. Witness?
INTERPRETER: Witness pointing to two (2) male persons, one (1) the right wearing an orange polo who when asked his name answered Arturo Nagares and a man beside him wearing yellow t-shirt who when asked his name answered Rodolfo Capitle.[17]
x x x x
Q: How at that time, you take a look at the alleged persons, four (4) persons whom you allegedly saw holding a gun?
A: More or less one (1) minute.
Q: Could you make an estimate if it is less than one (1) minute.
ATTY. BLANES:
He said more or less your Honor, from the corner of Oranbo Drive and he said more or less.
Q: Is it less than one (1) minute?
A: More or less one (1) minute.
Q: And that they were running?
A: Yes sir. Almost on the jogging phase.[18]
Section 4, Rule 133 of the Revised Rules on Evidence provides:
Section 4. Circumstantial evidence, when sufficient. -- Circumstantial evidence is sufficient for conviction if:
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.