508 Phil. 439
CARPIO MORALES, J.:
And Presto, in his Pagbawi ng Sinumpaang Salaysay, similarly alleged that he did not "gaanong naunawaan" the contents of his sworn statement "dahil sa bilis ng panahon."x x x
- Na kami ay nagsagawa ng isang Pinagsamang Salaysay noong ika-10 ng Abril, 1992 tungkol sa isang insidente na nagyari noong ika-9 ng gabi ng Abril, 1992 sa Malvar Street, Puerto Princesa City;
- Na ang nga nakasaad sa nasabing salaysay ay hindi namin gaanong naunawaan dahil kami ay naka-inom noong gabi at may hang-over noong ginawa ang nasabing salaysay;
- Na hindi namin sigurado na si Anggay Padrones nga ang taong nagtapon ng granada dahil noong mangyari and insidente ay medyo may kadiliman sa bahaging kinaroroonan ng taong naghagis at hindi namin gaanong maaninag kung sino ang nagtapon ng granada;
- Na ang sinsabi naming Anggay Padrones na nagtapon ng granada ay ayon lamang sa aming mga narinig na usap-usapan ngunit ito ay hindi naming tiyak;
- Na kami ay nagkasundo na hindi na magtitistigo laban kay Florante "Anggay" Padrones at aming pinawalang saysay ang aming naunang ginawang Pinagsanib na salaysay sapagkat talagang hindi namin sigurado na si Anggay Padrones nga ang naghagis ng granada.[3] (Underscoring supplied)
About five months after the grenade blast incident or on September 4, 1992, three Informations for Homicide, Violation of Presidential Decree No. 1866,[5] and Violation of COMELEC Resolution No. 2323[6] were filed against appellant before the RTC of Puerto Princesa City. The Informations, which were consolidated and lodged at Branch 51 of the RTC, respectively read as follows:x x x
- Na ako ay nagbigay ng isang Salaysay sa himpilan ng Pulisya ng Lungsod ng Puerto Princesa sa pagsisiyasat ni SPO1 Virgilio Alvarez noong ika-9 ng Abril, 1992 sa ganap na ika-11:30 ng gabi;
- Na ang mga nakasaad sa nasabing salaysay ay hindi ko gaanong naunawaan dahil sa bilis ng pangyayari at agarang pagbibigay ko ng aking malayang salaysay;
- Na noong pagbigay ko ng aking Malayang Salaysay sa himpilan ng Pulisya ay hindi ko pa gaanong naunawaan ang puno at dulo ng pangyayari at ang pangalang Anggay Padrones ay narinig ko lamang sa mga taong nag-uusap-usap na yon daw ang pangalan ng naghagis ng granada;
- Na matapos kong makita ang sinasabi nilang Anggay Padrones ay natitiyak kong hindi siya ang taong nakita ko na naghagis ng granada, at maaaring napagkamalan lamang siya ng ibang tao at ang pangalan niya ang sinasabi na naghagis ng granada;
- Na ako ay kusang loob na nagsagawa ng salaysay na ito upang ipaliwanag saysay ang aking naunang ginawang salaysay at hindi na ako magtetistigo laban sa pagkatao ni Ginoong Florante "Anggay" Padrones.[4] (Underscoring supplied)
Listed in each of the three informations were the following five common witnesses, Presto and the Lastrellas (the three who had previously executed sworn statements dated April 10, 1992 pointing to appellant as the person they saw hurling the grenade but who subsequently executed affidavits of June 17, 1992 recanting said sworn statements), the victim's brother Ruben T. Laurente, and one Abet Valeña.CRIMINAL CASE NO. 10104 (for Homicide)That on or about the 9th day of April 1992, in the evening, at Malvar Street, Puerto Prinsesa City, Philippines and within the jurisdiction of this Honorable Court, the said accused conspiring and confederating together with John Doe and William Doe whose true identities and present whereabouts are still unknown, and mutually helping one another, did then and there willfully, unlawfully and feloniously with intent to kill, exploded (sic) a hand grenade which hit one Elias Laurente thereby inflicting upon the latter mortal wounds which were the direct and immediate cause of his death.
CONTRARY TO LAW.[7] (Underscoring supplied)CRIMINAL CASE NO. 10314That on or about the 9th day of April 1992, in the evening, at Malvar Street, Puerto Princesa City, Philippines and within the jurisdiction of this Honorable Court, the said accused, did then and there willfully, unlawfully and feloniously have in his possession, custody and control one (1) handgrenade without first securing the necessary permit and/or license to possess the same which is in violation of COMELEC Resolution No. 2323, dated December 11, 1991, in relation to Section 261,paragraphs (p) (q) (r) (z) (t) and (u), Sections 32 and 33 of Republic Act No. 7166 (Omnibus Election Code).
(for violation of COMELEC Resolution)
CONTRARY TO LAW.[8] (Emphasis and underscoring supplied)CRIMINAL CASE NO. 10315
That on or about the 9th day of April, 1992, in the evening, at Malvar St., Puerto Prinsesa City, Philippines, and within the jurisdiction of this Honorable Court, the said accused, did then and there willfully, unlawfully and feloniously have in his possession, custody and control one (1) hand grenade without first securing the necessary permit and/or license from the proper authorities to possess the same, which is in violation of PD 1866.
(for violation of P.D. 1866)
CONTRARY TO LAW.[9] (Emphasis and underscoring supplied)
"WHEREFORE, premises considered, a consolidated judgment is hereby rendered declaring that in:On appeal, the Court of Appeals affirmed with modification the consolidated judgment of the trial court, the dispositive portion of which reads:SO ORDERED."[28] (Emphasis an underscoring supplied)
- CRIMINAL CASE NO. 10,104, the accused FLORANTE PADRONES is found and pronounced guilty beyond reasonable doubt as principal of the crime of homicide and there being no modifying circumstances appreciated, and applying the provisions of the Indeterminate Sentence Law, he is hereby sentenced to an indeterminate penalty ranging from a minimum of EIGHT (8) YEARS and ONE (1) DAY of prision mayor in its medium period, to a maximum of FOURTEEN (14) YEARS and TEN (10) MONTHS of reclusion temporal in its medium period; to pay the heirs of Elias Laurente;
a) Actual and compensatory damages
for funeral and interment expenses -------------P25,000.00;
and
b) Civil indemnity for the death of the
victim, Elias Laurente ----------------------------P50,000.00.- CRIMINAL CASE NO.10,314, the accused Florante Padrones is found and pronounced guilty beyond reasonable doubt of the crime of Violation of COMELEC RESOLUTION NO. 2323, and there being no modifying circumstances appreciated, and being entitled to the benefits of the Indeterminate Sentence Law, he is hereby sentenced to an indeterminate penalty ranging from a minimum of ONE (1) YEAR and ONE (1) DAY to a maximum of FOUR (4) YEARS, and shall not be qualified for probation nor from holding public office and from the right to suffrage.
- CRIMINAL CASE NO. 10,315, the accused FLORANTE PADRONES is found and pronounced guilty beyond reasonable doubt of the crime of illegal possession of explosives in violation of Sec. 3, Presidential Decree 1866, and there being no modifying circumstances appreciated, he is hereby sentenced to SEVENTEEN (17) YEARS, FOUR (4) MONTHS and ONE (1) DAY of reclusion temporal in its maximum period, to twenty (20) years of reclusion temporal also in its maximum period; and to pay the costs in each of the three cases.
"WHEREFORE, premises considered, the consolidated judgment dated November 20, 1995 is hereby AFFIRMED with MODIFICATION. The appellant is hereby convicted of the crime of murder penalized under Article 248, paragraph 3 of the Revised Penal Code, but the conviction of the appellant under Presidential Decree No. 1866 is hereby disregarded in view of the promulgation of Republic Act No. 8294.[29]
However, consonant with the findings of this Court increasing the penalty imposable upon the appellant from reclusion perpetua to death, and in relation to Section 13, 2nd paragraph, Rule 124 of the Revised Penal Code, We hereby certify and elevate the entire records of this case to the Supreme Court for further review.
SO ORDERED."[30] (Emphasis and underscoring supplied)
The appellant postulated the authorship of the bombing to one of the three male individuals whom he had altercation minutes before the explosion. To our bewilderment, it is inconceivable why the appellant, who had been a resident of the place for more than twenty (20) years, does not have a slight idea who were the said three male individuals. He did not even soliloquize the cause of their disagreement and altercation if only to give a convincing narration of the facts. More importantly, the appellant is facing an impasse signifying the termination of the very reason for his existence. His freedom for the remaining years of his life is at stake. If indeed his assertions are true, then, he should have been vigilant of finding the felon who threw the grenade and let him face the court to answer for all the consequences of the felon's evil actions. But he did not. He merely says he doesn't know them neither the reason for their dispute.[32]Thus finding appellant to have thrown the hand grenade which exploded and resulted to the death of Elias, the appellate court held that "the attendant explosion" qualified the crime to murder,[33] with the enactment of Republic Act No. 8294, it stressing that appellant should not be penalized for the separate offense of illegal possession of explosive under P.D. No. 1866.[34]
On cross-examination,[37] Hermosura claimed that he brought the two children to the hospital, one of whom was hit on the temple by a shrapnel, and the other sustained a wound at her back.[38] When asked, however, who the children were, he could not furnish their names.x x x
Q What was that unusual incident that you have witnessed Mr. Witness?A When Anggay Padrones reached the place and had a quarrel with another man he throw a grenade and afterwards we also hid ourselves, after a while I look at the place the handgranade exploded.Q As a result of explosion of hand grenade, what happen?A I saw persons hit and brought them to the hospital.Q Who were these persons which you have brought to the hospital?A They were two children that was hit on the head and the back.Q Could you name them?A I do not know their name, sir.Q Were there other victim of that explosion if you know?A Yes, sir.Q Who were the other victim?A A certain Elias Laurente and an elderly one who is taking care of the store.Q About this Elias Laurente, what happen to him because of this injury?A He is dead on arrival at the hospital.Q Whom are you saying which you saw who throw the hand granade?A Anggay Padrones, sir.Q Do you know the true name of Anggay Padrones?A Yes, sir.Q What is his true name?A Florante Padrones, sir.Q If this Florante Padrones is in the courtroom could you point to him out?A Yes, sir.Q Will you please point him out? NOTE: Witness pointed to a person who stood up and identifified himself as FLORANTE PADRONES.Q Mr. Witness, after this Elias Laurente was brought to the hospital what did you do next?A We brought him to the Samphaton funeral parlor in the morning.Q What was the injury sustain by Elias Laurente?A He was hit on the breast by sharpnail.Q Now, you said that you saw Anggay Padrones throw the handgranade, what place did he throw that granade?A At the middle of the road, sir.Q What road Mr Witness?A At Malvar street, sir.Q And where was he when he throw the hand granade?A He was also at the middle of the road.Q How far were you from Anggay Padrones when he throw that hand granade?A More or less five (5) meters.COURT: Q You were only five (5) meters away?A Yes, sir.COURT: Proceed Atty. Ruelo. ATTY. RUELO: Thank your honor. ATTY. RUELO: Q You also said that Anggay Padrones was in the middle of the road when he throw the grenade, how far from Anggay Padrones when the granade exploded?A I can not determine, sir because he already run away and he also hid himself and I also hid myself.Q Where was Elias Laurente when the granade exploded?A Elias Laurente was at the second floor of their house, he was upstair inside the room.Q To where did you hid yourself when you saw granade was thrown by Anggay Padrones?A When I hid it did not yet exploded then I peep it.Q Mr. Witness, were you hit by the sharpnail?A No, sir only the sand and small stones?Q And what part of your body was hit by the small stones?A My hand and my breast. x x xCOURT: Proceed Atty. Ruelo. ATTY. RUELO: Q Mr. Witness how far were you from the place where the granade exploded?A More or less 10 meters, sir.Q And how long after the handgranade hit road and exploded?A More or less 10 seconds, sir.COURT: Q Before that incident that evening did you already know the accused in this incident?A Yes, sir I used to see him at the cockpit. x x xATTY. RUELO:
to witness)Q You said Mr. Witness a while ago that Elias Laurente was upstair when the grenade exploded, how do you know that he was upstair?A I used to pass by the house of the victim, I know that by that time he was asleep at his room upstair.x x x[36] (Emphasis and underscoring supplied)
xxx
xxx
(a) | Any person, who although possessing a permit to carry firearms, carries any firearms outside his residence or place of business; | |
(b) | Any member or officer of the Armed forces of the Philippines, Philippine National Police, and any member or officer of other law enforcement agencies of the government to bear firearms outside of their respective barracks, garrisons, camps, offices, or such other military or police installations; | |
(c) | Any person who shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance; and | |
(d) | Any candidate for public office, including incumbent officers seeking election to any public office or any other person who shall employ, avail himself of or engage the services of security personnel or bodyguards, whether or not such bodyguards are regular members or officers of the Philippine National Police, the Armed Forces of the Philippines or other law enforcement agency of the government; | |
(e) | Any person who acts as security personnel or bodyguard of any candidate or any other person; | |
(f) | Any member of security or police organization of government agencies, commissions, councils, bureaus, offices or government owned or controlled corporations or privately-owned or operated security, investigative, protective or intelligence agencies who bears arms outside the immediate vicinity of his place or work; and | |
(g) | Any person who organizes or maintains reaction forces, strike forces or similar forces. (Emphasis supplied) |
[38] Id. at 11.
xxx Q When the accused Florante Padrones arrived what were they doing Mr Witness?A He suddenly approach his companion and one was trying to pacify them but he threaten that his holding grenade, after 3 minutes he did throw.Q You said Mr. Witness that when the accused Florante Padroness arrived and his companion at that place NODA terminal they had an altercation, can you identify that other person whom Florante Padrones had an altercation?A I do not know that person.Q Was that person Mr. Witness injured during that explosion?A No, sir.x x x Q To whom was that grenade thrown by Florante Padrones?A For that person whom he had altercation.Q And what is the distance with that one he had altercation from Florante Padrones?A More or less 2 to 3 meters, sir.Q So in that condition when accused Florante Padrones throw to the intended person he was very near at about 2 to 3 meters?A Yes, sir.Q Now when the grenade was thrown by Florante Padrones towards his enemy what did Florante Padrones do at that very moment?A Florante Padrones was chase (sic) by his enemy.x x x Q When Florante Padrones throw the granade (sic) to his intended enemy what was their distance to each other Mr Witness?A More or less 2 to 3 meters.Q So they were facing with each other?A Yes, sir.Q And where did the grenade fall, to his enemy or to him?A To his enemy, sir.Q And how many seconds did it take before it exploded when it was thrown?A More or less 10 seconds.Q At about 10 seconds from the time it was thrown how far was Florante Padrones?A Very far because he already ran away.Q How about the enemy of Florante Padrones?A Far also because he was chasing Florante Padrones.Q Towards what direction were they running?A Toward the terminal of Roxas.Q Is it not a fact Mr Witness that there were several person during that time?A Yes, sir.x x x Q At that time Mr. Witness at about 10:00 o'clock in the evening you said you recognized the said accused Florante Padrones, was there any light at the vicinity?A Yes, sir.Q Despite the presence of so many person waiting for ride on the NODA terminal?A Yes, sir.Q Can you to the Honorable Court how Florante Padrones hold the hand granade? (sic)A He was holding by his left hand and on the right hand is the pin.Q What was your distance from Florante Padrones?A More or less five meters, sir.Q And by that time which is a night time Mr Witness you were able to see the pin of the hand granade? (sic)A It is covered by his hand.Q So in other words you did not actually see the pin of the hand granade because it is covered by his hand?A Yes, sir.Q So it comes only to your mind that his holding hand granade? (sic)A I saw it while he is till holding it because he show it to us.Q How could he show it to the people?A He hold it dangling on his hand.x x x Q You also said Mr Witness that initially Florante Padrones was holding with his left hand the hand grenade (sic), and his right hand was holding the pin, how long did it he hold it on that position?A More or less 2 minutes, sir.Q And how long Mr Witness that you saw Florante Padrones holding the pin over his right hand?A Just seconds, sir.Q And how long from that last position before the hand granade(sic) was thrown?A More or less one minute.Q Did you like to tell the court that when he throw (sic) the hand granade (sic) with only his right hand?A Left hand, sir.Q What hand?A Left hand.Q When you said Mr. Witness that he was showing this hand granade (sic) to the person around, what hand was he using that time?A The right hand, sir.Q But when he throw (sic) it he used the left hand?A Yes, sir.x x x Q Mr. Witness have you executed any affidavit in connection with this case?A None, sir.Q When for the first time did you desire to testify in this case?A Since the time of the incident, sir.Q But since that time you have not executed your affidavit and reduce it into writing what you have witness (sic) during that time?A Yes, sir because we took care of the deceased.Q Why Mr. Witness are you related to the victim?A No, sir.COURT:
To witness) Is he your neighbor?A Yes, sir.ATTY. SERATUBIAS:
To witness)Q In fact you did not receive any subpoena to appear in this court today?A Yes, sir.Q And you were aware that the alleged eye witnesses have already retracted their statement?PROS. PE:
To court) The witness is incompetent your honor.COURT: Yes the witness is incompetent. ATTY SERATUBIAS: Q By the way Mr. Witness what is your religion?A Catholic, sir.Q You testify a while ago Mr. Witness that there were 2 children you brought to the hospital and one elderly was injured of the explosion, do you (sic) if the victim filed a case against the accused?A I do not know, sir.Q You said Mr. Witness that the color of the hand granade (sic) is black, how sure are you Mr. Witness when it is night time?A I saw it because there was light around.Q How far Mr Witness was the nearest light to the accused Florante Padrones when he show the hand grenade to the people?A More or less 3 to 5 meters.Q And how high is that post where that light was located?A More or less 10 meters in height.Q How far were you from the post where the light was?A More or less 10 meters because I was on opposite side of the road.Q From that distance could you discribe (sic) the color of hand granade (sic) as you said black?A Yes, sir.Q Can you distinguish a green and black color in the night time?A Yes, sir.Q How about the other dark color Mr. Witness can you also recognize during night time?A Yes, sir.Q And do you know that this dark color appears to be black during night time?A No, sir.ATTY. SERATUBIAS: to court) That will be all for the witness your honor.(Emphasis and underscoring supplied)