PP Vs Vergara
PP Vs Vergara
PP Vs Vergara
G.R. No. 203066, August 05, 2015 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RODELIO
LLOBERA Y OFIZA, Accused-Appellant.
FIRST DIVISION
DECISION
PEREZ, J.:
Questioned in the present notice of appeal is the Decision dated November 11, 2011 of the Court
of Appeals in CA-G.R. CR-H.C. No. 04389,1 which affirmed with modifications the Decision dated
November 13, 2009 of the Regional Trial Court (RTC), Branch 15, Malolos City, in Criminal Case
No. 680-M-06,2 finding accused-appellant Rodelio Llobera3y Ofiza4 guilty beyond reasonable
doubt of the crime of murder, sentencing him to suffer the penalty of reclusion perpetua, and
ordering him to pay the heirs of the victim P75,000.00 as civil indemnity, P50,000.00 as moral
damages, and P25,000.00 as temperate damages.
In an Information5 dated February 20, 2006 and filed on March 7, 2006, accused-appellant was
changed with the murder of Cristituto Biona, Jr., as follows: LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary
That on or about the 22nd day of March, 2005, in San Jose del Monte City, province of
Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, armed with an improvised shotgun (sumpak) and with intent to kill
one Cristituto Biona, Jr. y Billones, with evident premeditation and treachery, did then
and there willfully, unlawfully and feloniously attack, assault and shoot with the use of
an improvised shotgun the said Cristituto Biona, Jr. y Billones, hitting him on his
abdomen, thereby inflicting upon him mortal wound which caused his death.
Contrary to law.
Upon arraignment, accused-appellant, assisted by counsel de oficio, leaded not guilty to the crime
charged.6redarclaw
The prosecution, in presenting its case, offered the testimonies of Betty dela Cruz (Betty)7 and
Rosebert Biona (Rosebert), relatives of the victim who witnessed the shooting incident firsthand.
Betty, an aunt by affinity of the victim, testified that on March 22, 2005, at around 11:00 p.m., a
commotion took place in front of her house as certain persons threw stones at each other
("nagbatuhan").8 When the commotion was over, she and her kin, including the victim, went out
of the house to find out what happened.9 It was then that accused-appellant, who suddenly
emerged from a nearby house armed with an improvised shotgun, shot the victim on the left side
of his body.10 Betty testified that she is familiar with accused-appellant as the latter is her
barangaymate and she always sees him when she passes by his house.11 redarclaw
Rosebert, a cousin of the victim, corroborated Betty's testimony. He recounted that, at the time in
question, he was beside the victim as they were talking to each other when accused-appellant
suddenly appeared and shot the victim.12 He testified that he was able to positively identify
accused appellant at the time of the shooting because the place where the shooting occurred was
illuminated by the moon, the lights from the neighbors' houses, and the lamp gasera at his
Bulacan, planning a swimming event.14 His visitors left at around 11:15 p.m., and, thereafter, he
and his family slept.15 Accused-appellant maintained that it takes one and a half hours to reach
the scene of the crime from his house; thus, he could not have been at the scene of the crime at
the time the crime supposedly happened.16 These statements were corroborated by Roderick
when he testified.
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WHEREFORE, this court finds the accused Rodelio Llobrera y Otiaza GUlLTY beyond
reasonable doubt of Murder under Article 248 of the Revised Penal Code, as amended
and hereby sentences him to suffer the penalty of Reclusion Perpetua and to pay the
heirs of the deceased Cristituto Biona, Jr. y Billones the following sums of money[,] to
wit: LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary
SO ORDERED.17
The RTC reasoned that accused-appellant's denial and alibi cannot prevail over the positive
identification of Betty and Rosebert.18 Besides, according to the RTC, accused-appellant's claim of
physical impossibility has no basis because, as attested to by accused-appellant himself, it takes
only one and a half hours to reach the scene of the crime coming from accused-appellant's
house.19 redarclaw
The RTC also ruled that treachery attended the killing of the victim for the prosecution's evidence
shows that accused-appellant suddenly and unexpectedly appeared and shot the victim who did
Accused-appellant appealed before the Court of Appeals, assigning the following errors: LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary
I.
II.
III.
THE COURT A QUO GRAVELY ERRED IN APPRECIATING THE QUALIFYING
CIRCUMSTANCE OF TREACHERY.21
After a review of the case, the Court of Appeals affirmed the conviction and merely modified the
award of damages. The appellate court gave full credence to the positive identification of Betty
and Rosebert, especially in the absence of any ulterior motives on their part.22 Moreover, a review
of Roderick's testimony showed that while it took an hour and a half to reach the scene of the
crime from accused-appellant's house, that is by public transportation. Should one travel by
private car, it would only take about fifteen minutes to traverse said distance. The appellate court
The appellate court also affirmed the finding of treachery. It held that accused-appellant's mode
of attack was such that the victim appeared not to have seen him prior to, during, or after the
ChanRoblesVirtualawlibrary
WHEREFORE, the appeal is DENIED for lack of merit. The Decision dated 13
November 2009 of the Regional Trial Court of Malolos City, Branch 15, in Criminal Case
No. 680-M-06, is AFFIRMED with the following MODIFICATIONS: (1) the award of
civil indemnity is increased to P75,000.00, (2) temperate damages is awarded in the
amount of P25,000.00, and (3) the award of exemplary damages is deleted.
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latest decision of supreme court failure to prove his guilt beyond reasonable doubt, the disregard of his version of events, and the
civil law
Accused-appellant avers that Betty and Rosebert probably misidentified him. For one, contrary to
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Betty's claim, he and Betty were not barangaymates, as he resides in Barangay Mojon, while
people vs ofiza case digest
Betty resides in Barangay Minuyan. While accused-appellant admits that he used to visit
Barangay Minuyan every Sunday, the probability that Betty would chance upon him as to make
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her familiar with his identity and physical characteristics is very low. For another, Rosebert was
latest decision of supreme court merely vacationing in Barangay Minuyan when the shooting incident transpired. Not being a
resident of Barangay Minuyan, Rosebert is not familiar with the locals residing in Barangay
criminal appeal cases Minuyan and in the nearby barangays as to enable him to pinpoint accused-appellant as the one
who shot the victim. All in all, accused-appellant argues that Betty and Rosebert probably
brief law
misidentified him as the perpetrator of the crime, especially since there were other suspects.28
redarclaw
Accused-appellant also questions the appreciation of treachery in the case at bar. He claims that
while the prosecution alleged that the victim was suddenly shot by accused-appellant, it failed to
establish that accused appellant contemplated on the means or method to ensure the victim's
Article 248 of the Revised Penal Code (RPC), as amended by Section 6 of Republic Act (R.A.) No.
SPONSORED SEARCHES 7659, defines the crime of Murder -
people vs ofiza case digest
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August-2015 Jurisprudence
"The elements of murder that the prosecution must establish are[:] (1) that a person was killed;
(2) that the accused killed him or her; (3) that the killing was attended by any of the qualifying
G.R. No. 197709, August 03, 2015
circumstances mentioned in Article 248 of the [RPC]; and (4) that the killing is not parricide or
- JOSE YULO AGRICULTURAL
infanticide."30 redarclaw
G.R. No. 200969, August 03, 2015 victim not being related to each other and the victim not being an infant, the killing here does not
Respondent. witnesses obviate any doubt that on March 22, 2005, accused-appellant shot the victim with a
shotgun, causing the latter a fatal wound which brought about his untimely death.
A.C. No. 8708 (CBD Case No. 08- Q This Cristituto Biona, where is he now?
2192), August 12, 2015 - SPOUSES A [H]e is already dead.
BYRON AND MARIA LUISA SAUNDERS, Q What was the caused (sic) of his death?
Complainants, v. ATTY. LYSSA GRACE A He was shot, sir.
S. PAGANO-CALDE, Respondent. Q [W]ho shot him?
A
G.R. No. 177803, August 03, 2015 Rodel, sir.
- SPOUSES EMILIANO L. JALBAY, SR. Q This Rodel, for how long have you known him prior to March 22, 2005?
AND MAMERTA C. JALBAY, Petitioners, A More than a year, sir, because I always passed his house and I used to see
v. PHILIPPINE NATIONAL BANK, him.
Respondent. Q Is he your barangaymate?
A Yes, sir.
G.R. No. 201365, August 03, 2015 Q If present in Court today[,] could you point this Rodel whom you claimed shot
- THE PEOPLE OF THE PHILIPPINES, Cristituto Biona, Jr.[?]
Plaintiff-Appellee, v. MANUELA FLORES INTERPRETER:
Y SALAZAR @ WELLA Accused- Witness pointing to a detention prisoner who when asked of his name
Appellant. answered Rodel Llobrera.32
- COMMISSIONER OF INTERNAL
Q Considering that it was night time, how were you able to identify Rodel
REVENUE, Petitioner, v. TOLEDO
POWER COMPANY, Respondent.; G.R. Llobrera as the one who shot Cristituto Biona?
NO. 199645 - TOLEDO POWER A It was so near, sir, and the distance is like the door of this Courtroom, sir.
COMPANY, Petitioner, v. FISCAL:
COMMISSIONER OF INTERNAL 7 meters, your Honor, from the witness.
REVENUE, Respondent. Q What illuminated the place at that time?
A The moon, sir.
G.R. No. 213233, August 05, 2015 xxxx
- BLISS DEVELOPMENT CORP./HOME Q Considering that you were there and Cristituto Biona was here, how were you
GUARANTY CORPORATION, Petitioner, able to see Rode) Llobrera approached (sic) Cristituto Biona while he was on
v. MONTANO DIAZ, DOMINGO TAPAY, the side[?]
AND EDGAR H. ARREZA, Respondents. A I would clearly see because when the 3 were talking I was looking at them
Respondents.
Q Now, Mr. [W]itness, on this 11:00 o'clock of March 20, 2005, where were you
then?
G.R. No. 187524, August 05, 2015
A I was beside Cristituto Biona, sir.
- SPOUSES MARIA BUTIONG AND
Q When you said Cristituto Biona [you] are referring to the deceased whose
FRANCISCO VILLAFRIA, SUBSTITUTED
case is being tried today?
BY DR. RUEL B. VILLAFRIA,
A Yes, sir.
Petitioners, v. MA. GRACIA RIÑOZA
Q What [were] you doing at that time?
PLAZO AND MA. FE RIÑOZA ALARAS,
A We were talking about the holy week because we were planning about the
Respondents.
grotto.
Q What happened next when you were talking to each other?
G.R. No. 209447, August 11, 2015 A Suddenly the accused appear[ed] and shot my cousin, Cristituto Biona.
- PRESIDENTIAL COMMISSION ON INTERPRETER:
GOOD GOVERNMENT (PCGG), Witness again pointing to the accused.
Petitioner, v. HON. WINLOVE M. FISCAL:
DUMAYAS, PRESIDING JUDGE, Q What happened when he shot Cristituto Biona?
REGIONAL TRIAL COURT, BRANCH 59, A There was a shot and I heard my cousin said "ah" and then he fell down.
MAKATI CITY AND UNITED COCONUT Q For how many times your cousin was shot?
PLANTERS BANK (UCPB), A Only one (1 ).
Respondents.; G.R. NO. 210901 - Q What part of his body was hit?
PRESIDENTIAL COMMISSION ON A At the side of his body, sir.
GOOD GOVERNMENT (PCGG), xxxx
Petitioner, v. HON. WINLOVE M. Q Now, how far was Rodel Llobrera from the first time you saw him?
DUMAYAS, PRESIDING JUDGE, A It was near, sir. It was about 5 meters far from me when he shot Cristituto
REGIONAL TRIAL COURT, BRANCH 59, Biona.
MAKATI CITY AND UNITED COCONUT Q When from the time he emerged from the side of your house up to the time
PLANTERS LIFE ASSURANCE he fired the shot[.] what was the lapsed (sic) of time, [M]r. [W]itness,
CORPORATION (COCOLIFE), between the emerging of Rodel Llobrera and the shooting of your cousin
Respondents. Cristituto Biona?
A A few moment[s] when Rodel Llobrera appeared and shot my cousin because
G.R. No. 188739, August 05, 2015 we were talking, sir.
- BENJAMIN E. RAVAGO, Petitioner, v. xxxx
METROPOLITAN BANK & TRUST Q Considering that it was evening at that time, you said more [or] less 11:00
COMPANY, SUBSTITUTED BY BRIGHT o'clock in the evening how were you able to recognize Radel Llobrera?
VENTURES REALTY, INC., A Because the moon was so bright.
Respondents. Q Aside from the moon was there any light which illuminate[d] the place?
A Only the lights of our neighbor and the lights coming from the house of my
G.R. No. 215714, August 12, 2015 uncle.
- OF THE PHILIPPINES, Plaintiff- Q What kind of light?
A It is only lamp "gasera."34
Appellee, v. EFREN BASAL CAYAS,
Accused-Appellant. During cross-examination, Rosebert further clarified his location vis-a-vis the victim and the
shooter: LawlibraryofCRAlaw
G.R. No. 203142, August 26, 2015 Sereno, C.J, (Chairperson), Leonardo-De Castro, Bersamin, and Perlas-Bernabe, JJ., concur.
- THE PHILIPPINE PORTS AUTHORITY
Endnotes:
(PPA), Petitioner, v. COALITION OF
PPA OFFICERS AND EMPLOYEES,
1 Penned by Associate Justice Rebecca de Guia-Salvador, with Associate Justices
REPRESENTED BY HECTOR E. MIOLE,
ET AL., Respondents. Sesinando E. Villion and Amy C. Lazaro-Javier concurring; CA rollo, pp. 76-92.
20 Ibid.
G.R. No. 190892, August 17, 2015
- VICENTE H. MANULAT, JR., Petitioner,
21 Brief for the Accused-Appellant; CA rollo, pp. 29-30.
v. PEOPLE OF THE PHILIPPINES,
Respondent.
22 Supra note 1, at 85.
28 Id. at 30-31.
G.R. No. 213455, August 11, 2015
- JUAN PONCE ENRILE, Petitioner, v.
29 Id. at 37.
PEOPLE OF THE PHILIPPINES, HON.
AMPARO M. CABOTAJE-TANG, HON.
SAMUEL R. MARTIRES, AND HON. 30People v. Lagman, G.R. No. 197807, April 16, 2012, 669 SCRA 512, 522.
ALEX L. QUIROZ OF THE THIRD
31 Records, p. 6.
DIVISION OF THE SANDIGANBAYAN,
Respondents. 32 TSN, May 9, 2007, pp. 6-7.
36 People v. Maglente, G.R. No. 201445, November 27, 2013, 711 SCRA 142, 154-
G.R. No. 153810, August 12, 2015
- WINSTON R. GARCIA, IN HIS 155.
G.R. No. 192943, August 12, 2015 45 TSN, May 9, 2007, pp. 15-17.
- UNITED DUMANGAS PORT
DEVELOPMENT CORPORATION,
46 Art. 248, RPC.
Petitioner, v. PHILIPPINE PORTS
AUTHORITY, ATTY. OSMAR M. SEVILLA,
47 Art. 63. Rules for the application of indivisible penalties. xxx.
GENERAL MANAGER, ATTY. FERNANDO
B. CLAVERINA, PORT MANAGER, PORT
MANAGEMENT OFFICER-ILOILO; AND xxxx