Professional Documents
Culture Documents
Plea Bargaining Circular
Plea Bargaining Circular
Present:
-versus-
PUNO, J.,
Chairman
IGNACIO TONOG, JR., also QUISUMBING,
known as ABDUL TONOG, JR., MARTINEZ,*
ALVIN ROLANDO CALLEJO, SR., and
SOLAMILLO, also known as TINGA, JJ.
ALLAN SOLAMILLO, JOHN
DOE, and PETER DOE, Promulgated:
Accused.
June 29, 2004
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DECISION
This is an appeal from the Decision[1] of the Regional Trial Court of Negros
Oriental, Branch 34, Dumaguete City, finding the appellant, Alvin Rolando
Solamillo alias Allan Solamillo, guilty of murder in Criminal Case No. 8123.
The appellant, along with accused Ignacio Tonog, Jr. and two others, was charged
in an Amended Information[2] which reads, thus:
The undersigned Fiscals accuses [sic] IGNACIO TONOG, JR. alias ABDUL
TONOG, ALVIN ROLANDO SALAMILLO alyas [sic] ALLAN SALAMILLO,
JOHN DOE and PETER DOE of the crime of MURDER, committed as follows:
That on or about the 24th day of April, 1988, in the City of Dumaguete,
Philippines and within the jurisdiction of this Honorable Court, the said accused,
conspiring and mutually aiding one another, with the use of a motorvehicle [sic]
in which they brought said EFREN FLORES to an uninhabited place, and taking
advantage of their superior strength and with intent to kill said EFREN
FLORES, and armed with a deadly weapon, to wit: a Batangas knife, did then
and there willfully, unlawfully and feloniously stab and wound therewith said
EFREN FLORES during nighttime, inflicting upon said EFREN FLORES the
following injuries to wit:
That the crime was committed with the qualifying circumstances of use of a
motorvehicle [sic], taking advantage of superior strength, nighttime, uninhabited
place and cruelty.
The accused Ignacio Tonog, Jr. moved for a separate trial, because his co-accused
were still at large.[4] The court granted the motion. The case as against the appellant
was archived. After trial, the court rendered judgment convicting Tonog, Jr. of
murder and sentenced him to reclusion perpetua. The dispositive portion of the
said decision reads:
The case filed against his co-accused Allan Solamillo and two other
unidentified individuals are hereby ordered archived, without prejudice to their
further prosecution, considering that until this time they have not yet been
apprehended and still remain at large.[5]
The ruling of the trial court was affirmed by this Court in G.R. No.
94533[6] on February 4, 1992, the dispositive portion of which reads:
More than six years later, or on April 8, 1998, the appellant was arrested in
Cabato Road, Tetuan, Zamboanga City.[8] Upon motion[9] of the Assistant City
Prosecutor, Criminal Case No. 8123 was revived. The appellant, with the
assistance of counsel, pleaded not guilty to the charge against him. [10] Trial
commenced as to the appellant.
On April 24, 1988, Liberato started plying his route at around 6:00 a.m. and
was still driving until about 5:30 p.m. Liberatos uncle and the appellants father,
Teodoro Solamillo, arrived from Zamboanga and asked to be accompanied to look
for his son. Liberato and Teodoro searched for the appellant using the motorcab
with sidecar no. 0164, and found the appellant sleeping at the house of his
grandmother, Felisa Solamillo. Teodoro awakened his son and the two of them
conversed. Liberato was told to wait, so he stood by the motorcab and did as he
was told. Thereafter, the appellant, Teodoro and Liberato boarded the motorcab and
left. Teodoro alighted at the house of his father, Paulo Solamillo, in
Lawisid, Sitio Bacong. The appellant was then wearing a plain white shirt and
maong pants.[12]
At around 7:00 p.m., Liberato and the appellant then went to Noras Store
located at Sitio Bacong. Ignacio Tonog, Jr. was also at the store. Liberato drank soft
drinks, while the appellant and Tonog, Jr. drank beer. At around 7:30 p.m., the
appellant requested Liberato to bring a certain Emil to the cockpit in Dumaguete
City. Liberato did as he was told, and no longer collected the fare because the
passenger was a friend of the appellants. The trip from Bacong to Dumaguete and
back took about forty-five minutes.[13]
At around this time, Patrolman Remigio Biyok was watching a movie at the house
of Charlie Yee with many others. The place was about one hundred fifty meters
from Noras Store.[14] At 8:00 pm., Julian Valencia approached Pat. Biyok and
informed the latter that the appellant had fired a gun somewhere within the vicinity
of the store. Pat. Biyok went to the police station which was about a hundred
meters away from Noras Store, before proceeding to the place. [15] His companions,
Patrolman Mendoza, Patrolman Tao and Patrolman Tuballa had already gone ahead
to investigate the matter. Pat. Biyok saw the appellant within the vicinity of the
Noras Store. He also saw Tonog, Jr., who asked to be conveyed to Tinago,
Dumaguete City, to the house his brother was renting. Pat. Biyok obliged, since
Tonog, Jr. also happened to be the brother of then Chief of Police Lt. Isaias Tonog.
[16]
Tonog, Jr. then left with Pat. Biyok on board the latters Yamaha 80 motorcycle.
It was about 9:30 p.m.[17]
When Liberato went back to Sitio Bacong, Dumaguete City, he saw the
appellant and Tonog, Jr. standing outside Noras Store. Divina, the store owners
daughter, was also there. Three policemen were within the vicinity. Liberator heard
that one of them, either Tonog, Jr. or the appellant, had caused a commotion by
firing a gun.[18] He also saw Tonog, Jr. leave with Pat. Biyok.
At about 9:30 p.m., Liberato and the appellant went looking for Tonog, Jr.
using the motorcab bearing sidecar no. 0164. They passed by Pat. Biyoks house in
Banilad, Dumaguete City, which was about five kilometers from Sitio Bacong.
Efren Flores, the son of former Philippine National Police Chief Nick Flores, was
then at Pat. Biyoks house, drinking beer with friends. [19] Pat. Biyok arrived from
the trip to Tinago, Dumaguete City, which was about five to six kilometers
away[20] and saw Efren at his house. Liberato and the appellant arrived and inquired
on the whereabouts of Tonog, Jr. The appellant asked Pat. Biyok where Tonog, Jr.
had gone, and Pat. Biyok replied that he had already brought the latter
to Sitio Tinago.[21]
In the meantime, Efren Flores came near Liberato and the appellant, and
said, I would like to ride with you to Dumaguete. The appellant told Liberato to
stay at Pat. Biyoks residence as he (the appellant) would be the one to take Efren
Flores to Dumaguete City. Stay here, the appellant told Liberato. [22] The appellant
promised that he would be back within five minutes. [23] Pat. Biyok saw Efren
Flores on board the motorcab driven by the appellant. [24] The motorcab was about
ten to fifteen meters away, and Pat. Biyok saw them as he was sitting on the porch
of his house. The place was lit by a Meralco lamp post, about twenty to twenty-five
meters away.[25]
Liberato then waited for a ride and saw his friend, Gorio, pass by in a
motorcab. He requested Gorio to accompany him to look for the appellant
in Sitio Tinago. They went around Dumaguete City, but did not find the appellant.
They then decided to go home. Along the way, they passed by the store owned by
Liberatos aunt, Francisca Bueno, which was located along the national highway
at Sitio Bacong, Banilad, Dumaguete City. They saw the motorcab bearing sidecar
no. 0164 and approached the vehicle. Liberato saw Tonog, Jr. inside.
Liberato then went into his aunts house. He saw the appellant buying
sardines and one family-sized soft drink. He asked the appellant why he showed up
only now, and the latter told him to keep quiet and to let Gorio go ahead.
[27]
Thereafter, he saw the appellant and his other cousin, Elvis Bueno, conversing.
They were about one meter away from each other.[28] Liberato then overheard the
appellant say Nakuha na gyod, Bes (Already taken Bes).[29] As the appellant uttered
those words, Liberato noticed that the latters fatigue shirt had plenty of red stains.
He then remembered that the appellant was wearing a white shirt while they were
still at the store. He did not ask the appellant about the red stains, because the latter
seemed fearful at the time. Nothing was said of the incident. It was by then past
11:00 p.m.[30]
Later, the group went back to the house of Liberatos grandfather, Paulo
Solamillo. Paulo was angry at Liberato for going home so late. Tonog, Jr. and the
appellant ate and conversed, while Liberato slept. Liberato woke up at 6:00 a.m.
and started plying his usual route, using the motorcab owned by Jun Salabante.
At about 6:00 a.m. on April 25, 1988, the Dumaguete Police Station received
reports that a lifeless body had been found at the crossing of Cantil-e, Dumaguete
City.[31] Upon receiving the report, SPO1 Walter R. Leguarda immediately went to
the place where the body was reported found and conducted an investigation. He
learned that the Flores family, who lived near the place where the body of the
victim was found, spotted the motorcab bearing sidecar number 0164 within the
vicinity. After learning that the vehicle belonged to Jun Salabante, SPO1 Leguarda
proceeded to the latters house where he was informed that the drivers of the
vehicle were Liberato Solamillo and the appellant. SPO1 Leguarda then went to
Liberatos place to investigate the matter further. Liberato told him that the
appellant borrowed the motorcab that day. Thus, the police operatives went
to Sitio Bacong to arrest Tonog, Jr., but did not find the suspect there.
Afterwards, however, Tonog, Jr. voluntarily went with the police authorities
to the police station for questioning. After the investigation, SPO1 Leguarda saw
Tonog, Jr. seated on a bench, and appeared to be crying. SPO1 Leguarda
approached him and asked why his pants had so many blood stains. Tonog, Jr.
looked surprised and asked where the station commander was. He then politely
confessed to Police Captain Pedro Centeno that he was one of the killers of Efren
Flores and that he used a Batangas knife, which, however, he gave to the appellant.
[32]
SPO1 Leguarda also testified that he saw the appellant talking with Captain
Nick Flores, the father of the victim, near the kampanaryo at the Quezon Park,
Dumaguete City, at the corner of Perdices and Colon Streets. According to
Leguarda, he saw the two of them talking early in the morning, after their
formation before reporting to their respective duties, on three or four occasions. He
did not think much about it at the time.[33]
SPO1 Leguarda also recounted that he was able to talk to the late Captain
Flores before the latter died. It was the first week of January, 1995. Captain Flores
requested him to appear in court if ever the appellant would be arrested. He was
told that the appellant was an informer or asset, and that in connection with a tire
he helped to recover, the appellant was promised reward money in the amount
of P5,000.00. However, Captain Flores was unable to give the money to the
appellant. Captain Flores narrated that the appellant threatened to kill him because
of the incident.[34]
SPO1 Leguarda also recounted that Tonog, Jr. had a grudge on the victim,
and learned of the motive behind the killing from Tonog, Jr.s girlfriend. Efren
Flores and Tonog apparently had an argument while both were drunk, which led
the victim to strangle the latter with his hands.
Liberato found out about the killing from some of his passengers, as he was
plying his usual route. He was then invited for questioning by the police in the
afternoon of April 25, 1988. When the police asked him were he was the night
before, he replied that he and the appellant were together.
SPO3 Vilma Beltran testified she was on duty at the Police Station of
Dumaguete City. At around 11:00 a.m. of April 25, 1988, Sgt. Patricio brought
Tonog, Jr. to the station. The suspect was made to remove his pants, which Sgt.
Patricio handed to her. Tonog, Jr. also turned over a stainless knife. Both items
were placed in a transparent plastic pack and labeled. The bag containing the items
was then forwarded to Forensic Chemist Myrna Areola.[35]
City Health Officer Urbano E. Diga examined the cadaver of the victim and
documented the following findings in his medico-legal report:
1. Wound at the pre-auricular area 2 cm. from the right ear measuring 0.2 cm x
1.5 cm. non-penetrating;
2. Wound 3 cm. above wound no. 1 measuring 0.2 cm. x 1 cm. non-penetrating;
3. Wound at the angle of the right mandible measuring 1 cm. x 2.8 cm. x 9 c.m.;
4. Wound above wound no. 3 measuring 0.3 cm. x 1 cm. non-penetrating;
5. Wound at the right lateral neck measuring 0.3 cm. x 1 cm. x 6.5 cm.;
6. Wound below wound no. 5 (4 cm. distance) measuring 0.5 cm. x 1 cm. x 6
cm.;
7. Wound 6 cm. below right middle portion of the clavicle measuring 1 cm. x 2
cm. x 13.5 cm.;
8. Wound 4 cm. below medial 3rd of the right clavicle measuring 1 cm. x 2 cm. x
13.6 cm.;
9. Wound 4 cm. above the right nipple measuring 0.5 cm. x 1.4 cm. non-
penetrating;
10. Wound 2 cm. from the level of the right nipple measuring 1 cm. x 1.5 cm. The
direction of the wound is upward measuring 14 cm. deep.
11. Wound at the third medial portion of the left clavicle measuring 1 cm. x 3 cm.
x 13.7 cm.
12. Wound 1 cm. below wound no. 11 measuring 0.3 cm. x 1 cm.
13. Wound 2 cm. below wound no. 12 measuring 0.3 cm. x 1.5 cm. non-
penetrating;
14. Wound 1 cm. below wound no. 13 measuring 0.3 cm. x 7.5 cm.;
15. Wound 7 cm. above the left nipple measuring 1 cm. x 1.5 cm x 14.5 cm.;
16. Wound 1 cm. below wound no. 15 measuring 1 cm. x 1.5 cm. x 14.5 cm.;
17. Wound 1.8 cm. above and to the right of the left nipple measuring 0.5 cm. x
0.2 cm. x 2 cm. x 13.5 cm.
18. Wound just below the left nipple horizontally directed measuring 0.2 cm. x 2
cm. x 13.5 cm.;
19. Wound 2 cm. to the right of wound no. 18 measuring 0.6 cm. x 1.5 cm. x 15
cm.;
20. Wound just above the right subcostal region measuring 1.3 cm. x 4 cm. The
wound is directed upward measuring 15 cm. deep;
21. Wound 3 cm. below the right subcostal region among (sic) nipple line
measuring 1 cm. x 2 cm. The wound is directed upward measuring 10.5 cm.
deep;
22. Wound along right midaxillary line (lumbar region) measuring 1 cm. x 2 cm.
x 2 cm.;
23. Wound at the right 11th posterior rib measuring 0.8 cm. x 7.9
cm. non[-]penetrating directed horizontally;
24. Wound 1.5 cm. above wound no. 23 directed obliquely 0.8 cm. x 1.5 cm.;
25. Wound right posterior lumbar measuring 0.5 cm. x 2 cm. directed
horizontally. The wound is 15 cm. deep;
26. Wound 7 cm. above wound no. 25 measuring 0.5 cm. x 1.5 cm. x 4.5 cm.;
27. Hematoma and swelling of both lips.[36]
The doctor also testified that of the twenty-six (26) wounds inflicted on the
victim, fourteen (14) were fatal,[37] and that the weapon used by the assailant could
have been a long, sharp, bladed instrument.[38] The doctor also executed the victims
certificate of death.[39] He testified that the victim was his nephew by affinity, as his
wife was the cousin of the victims father. The victim also happened to be their
neighbor in Banilad.[40]
Wilna Portugaleza, the custodian of the medical records at the Holy Child
Hospital, testified that the records of the victim Efren Flores were no longer
available as of 1996. The blood type of the victim as indicated in the certified true
copy of the records of the hospital was Type O.[41]
Accused is likewise ordered to indemnify the heirs of the deceased victim the sum
of FIFTY THOUSAND PESOS (P50,000.00), and to pay the costs.
In line with Section 5, Rule 114 of the 1985 Rules on Criminal Procedure, as
amended, the City Warden of the Bureau of Jail Management and Penology,
Dumaguete City, is hereby directed to immediately transmit the living body of
accused Alvin Rolando Solamillo, alias Allan Solamillo, to the New Bilibid
Prison at Muntinlupa City, Metro Manila, where he may remain to be detained.
SO ORDERED.[44]
The appellant now appeals the decision of the trial court, contending as
follows:
The appellant also points out that that there are inconsistencies in the
testimony of prosecution witness Police Inspector Orlando Patricio, who testified
that he found the knife in the morning of April 25, 1988, but admitted that the knife
presented in open court was not the Batangas knife recovered at the crime scene.
He also testified that he merely placed the said knife inside the tools compartment
of the jeep, and never confronted the appellant with such knife.
The appellant also questions the trial courts reliance on the testimony of
Medical Record Custodian Wilna Portugaleza, as she candidly admitted in open
court that she could not remember the blood type of the victim as his medical
records in the Holy Child Hospital in Dumaguete City were already destroyed as of
1996. The appellant also points out that there is serious doubt as to whether the
witness Liberato Solamillo, Jr. actually heard the appellant utter the words Nakuha
na gyod bes to Elvis Bueno, considering that his testimony remained
uncorroborated.
According to the appellant, the fact that he left Dumaguete City for
Zamboanga City after the commission of the crime is not evidence of his flight. He
was never in hiding in Zamboanga City. As a matter of fact, the appellants father,
Teodoro Solamillo, arrived in Dumaguete City in the afternoon of April 24, 1988
for the purpose of fetching his son (the appellant) to help in the management and
operation of their motorized tricycle transportation business in Zamboanga City.
Liberato further testified that he even accompanied his uncle, Teodoro Solamillo,
to look for the appellant that afternoon of April 24, 1988, and found the latter
sleeping in their grandmothers house.
The appellant also posits that he had no motive to kill Efren Flores, which,
in this case, is relevant, considering that the identity of the assailant is in serious
doubt. The motive presented by the prosecution, that the appellant killed the victim
because he was not given his share of the reward money of P5,000, is incredible
and farfetched. The prosecution witnesses failure to testify that the appellant was in
fact an asset of the late Capt. Nick Flores (the victims father) when they testified in
1989 raises doubts as to their veracity. Thus, such testimony was a mere
afterthought on the part of the prosecution witnesses.
The Office of the Solicitor General (OSG), for its part, contends that the
appellants guilt was proven beyond reasonable doubt by interlocking
circumstantial evidence. Furthermore, the flight of the appellant from Negros
Oriental immediately after the incident, until he was finally arrested ten years later
in Mindanao, is an indication of his guilt. The OSG concludes that the obtaining
circumstantial evidence against the appellant serves as sufficient basis to convict
the appellant of the crime charged, as his participation in the crime charged had
already been established in Ignacio Tonog, Jr.s conviction.
The counsel for the appellant filed a demurrer to evidence without leave of court,
which, under Section 23, Rule 119 of the Revised Rules of Criminal Procedure,
constitutes a waiver of the right to present evidence. The case is then considered
submitted for judgment on the basis of the evidence for the prosecution. In fact, in
his demurrer before the trial court, the appellant specifically prayed that judgment
be rendered in the case, and manifested that he was no longer presenting evidence
on his behalf, on the ground that the evidence for the prosecution was insufficient
to convict him.
Contrary to the appellants contention, the prosecution was able to prove his motive
to commit the crime, albeit belatedly. SPO1 Leguarda testified as follows:
Q Will you please tell this Honorable Court, when did you learn from the late
Captain Flores that accused Allan Solamillo was his informer or asset?
A Before [the] first week of January sir. Before he died, January 1995.
Q Now, Captain Nick Flores is the father of Efren Flores, isnt it?
A Yes, Sir.
Q And, Efren Flores was murdered sometime in the evening of April 24, 1998, is
it not?
A Yes, Sir.
Q And per your investigation, Allan Solamillo has something to do in (sic) the
killing of Efren Flores, isnt it?
A Yes, Sir.
COURT:
Lets clarify this.
Q In your investigation, was Allan Solamillo involved in the killing of the victim
Efren Flores?
A Yes, Sir.
Q Are you sure of that?
A Yes sir, because that was [what] Liberato Solamillo told me that he saw Allan
Solamillo bought some sardines and pepsi cola at the store of Francisca
Buena with some blood stains on his T-shirt Sir.
ATTY. EDDING:
Q But did you not reduce in writing about (sic) this important informations (sic)
that you learned from Liberato Solamillo?
A I did not.
Q So, to your best knowledge, the late Captain Flores also knew that Allan
Solamillo has involvement (sic) in the killing of his son Efren Flores as
early as April 25, 1988?
A After his son was murdered Sir.
Q And of course, even if you were not so closed (sic) with the late Captain Flores,
you were always seeing each other because you were at the same station?
A Yes, Sir.
Q So, you would like to tell us that from 1988, 89, 90, 91, 92, 93, 94 up to
sometime January 1995 or for the period of eight (8) years, only [a] few
days before Captain Flores died, that they revealed to you that Allan
Solamillo was his former asset or informer?
A Because I was relieved in the Dumaguete Police Station Sir and was assigned in
Canlaon Sir.
Q The late Captain Flores told you that Allan Solamillo was his asset or informer,
isnt it?
A Yes, Sir.
Q And that, he also told you at one time [that] the police was able to recover lost
article[s] like [a] tire, and it was recovered because of the assistance
provided by Allan Solamillo?
A Yes, Sir.
Q And, he also told you that Allan Solamillo was supposed to be entitled to Five
Thousand Pesos (P5,000.00), a (sic) reward money, isnt it?
A Yes, Sir.
Q And also Captain Flores told you that he failed to give the Five Thousand Pesos
(P5,000.00) to Allan Solamillo?
A Yes, Sir.
Q And he also told you that he was able to make use of the Five Thousand Pesos
(P5,000.00)?
A Yes, Sir.[47]
SPO1 Leguarda could not be faulted for not having disclosed the matter earlier.
The victims father, Captain Nick Flores, revealed that the appellant was an asset,
and threatened to kill him upon his failure to pay the reward money of five
thousand pesos (P5,000) only after eight years. Captain Flores was probably unsure
whether he would reveal such information, as it would incriminate him, having
himself used the reward money intended for the appellant.
Q And where did you gather information that Abdul Tonog was one of the
suspected killers? From whom?
A When I asked Jun Salabante who the driver of the pedicab was, he told me that
the driver of that motorcab on that day, April 24, was Liberato Solamillo
but the regular driver was Allan Solamillo. So I went to the house of
Liberato Solamillo and asked him if he was the driver of that motorcab
that day; and this Liberato Solamillo told me that in the early day of April
24, 1988, this Allan Solamillo borrowed his motorcab. On the same date,
April 24, about twelve oclock in the evening, Liberato Solamillo told me
that he saw his motorcab parked in front of the store of Francisca Bueno
and he saw this Abdul Tonog sitting inside his motorcab while Allan
Solamillo bought some sardines and Pepsi-cola at the store of Francisca
Bueno, with some blood stains in (sic) his t-shirt.
Q So it was Liberato Solamillo that you questioned[,] and [you] identified one
suspect as one Mr. Ignacio Tonog, is that correct?
A Yes.
Q How about Liberato Solamillo, did you not effect an arrest against him?
A We invited him for investigation.
A comparison of the testimonies of SPO1 Leguarda taken during the trial for
Tonog, Jr., and for the appellant, reveals that there was no substantial variance
between both accounts. Such consistency lends veracity to the testimony of SPO1
Leguarda, considering the ten-year interval of time between the testimonies.
Liberatos account of the events on that fateful night seemed, likewise, to have been
etched in his mind. His unwavering testimony, in both trials, was that the appellant
took motorcab bearing sidecar no. 0164, and volunteered to convey the victim to
Dumaguete City. The appellant told Liberato that he would be back shortly, and
instructed the latter to stay put and wait for him at the house of Pat. Biyok. His
testimony during the trial of Tonog, Jr. was almost identical to his account during
the trial for the appellant.
ESCOREAL:
Q Where was this Patrolman Biyok when Allan told you to stay behind?
A He was at the gate of their (Biyoks) fence.
Q How far was this fence of Patrolman Biyok from where you were situated?
A Less than one meter.
Q And after the request made by Efren Flores that he be conveyed to Dumaguete
City proper, what transpired next?
A When Allan conveyed Efren Flores here in Dumaguete City, Efren remained in
conversation with Patrolman Biyok at their place. It was already about
11:45 in the evening, Allan Solamillo had not returned yet. And so,
Patrolamn Biyok told me to go home.
Q And what did you do next upon hearing the advice of Patrolman Biyok?
A We waited for a pedicab and fortunately Gorio happened to pass by, and so, I
road (sic) on his pedicab and made a search for Allan Solamillo.
Q Was Elvis Bueno around when Allan Solamillo uttered that statement addressed
to Elvis Bueno?
A Yes, Sir.
Q When Allan Solamillo uttered these words, did you see Allan Solamillo?
A Yes.
Q Who were around when Allan Solamillo uttered these words Kuha na gyod vis?
A The three of us, Elvis, Allan and myself.
Q Why, what was the t-shirt that was worn by Allan Solamillo on that early
evening?
A It was a white t-shirt.
Q And on that particular place and time, what did you observe? What was the t-
shirt or what was Allan wearing during that time?
SEDILLO:
ESCOREAL:
At the time when Allan was already, when Allan and you were inside the
house of Francisca Bueno?
ESCOREAL:
Q Why did you notice that the fatigue t-shirt that was used by Allan Solamillo has
plenty of blood stains?
SEDILLO:
We will object to that, there was still no basis of (sic) the word plenty. The
witness did not testify yet that there was plenty of blood stains.
ESCOREAL:
I will omit that word plenty, your Honor, and let the witness answer.
WITNESS:
Q And did it not occur to your mind the whereabouts of your motorcab?
A No, Sir.
Q Why did you say that Allan got angry with you?
A Because I asked him why there seemed to be red spots on his t-shirt.
Q How are you related to Francisca Bueno when you said she is your aunt?
A My father and Francisca Bueno are brothers (sic) and sisters (sic).[49]
Q Aside from that, were there other statements uttered by Allan Solamillo when
you were conversing with each other?
A Only that he said, KUHA NA VIS, meaning it was already taken, VIS.
Indeed, flight per se is not synonymous with guilt and must not always be
attributed to ones consciousness of guilt.[54] However, the flight of an accused, in
the absence of a credible explanation, would be a circumstance from which an
inference of guilt may be established, for a truly innocent person would normally
grasp the first available opportunity to defend himself and assert his innocence.
[55]
Although the appellants silence and refusal to testify, let alone refusal to present
evidence, cannot be construed as evidence of guilt, this Court has consistently held
that the fact that an accused never testified in his defense even in the face of
accusations against him goes against the principle that the first impulse of an
innocent man when accused of wrongdoing is to express his innocence at the first
opportune time.[56] In this case, the appellant has not even attempted to explain his
absence, nor presented evidence to corroborate his claim that he went with his
father to help in the latters tricycle business in Zamboanga. His bare claim, as
against the evidence supporting his conviction, cannot be given credence by this
Court.
We agree with the trial court that the appellant is guilty of murder under
Article 248 of the Revised Penal Code, qualified by abuse of superior strength.
[57]
In this case, the appellant and Tonog, Jr., armed with a knife, attacked the
victim, and took advantage of their combined strength in order to consummate the
offense, considering that the victim sustained no less than twenty-seven (27) stab
wounds, fourteen (14) of which were fatal.
clearly and convincingly as the commission of the offense itself. [58] The
prosecution in this case, was able to show that the appellant conspired with Ignacio
WE CONCUR:
REYNATO S. PUNO
Associate Justice
Chairman
On leave
LEONARDO A. QUISUMBING MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice Associate Justice
DANTE O. TINGA
Associate Justice
ATT E STAT I O N
I attest that the conclusions in the above Decision were reached in consultation
before the case was assigned to the writer of the opinion of the Courts Division.
REYNATO S. PUNO
Associate Justice
Chairman, Second Division
C E R T I FI CAT I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairmans Attestation, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer of
the opinion of the Courts Division.
* On leave.
[1]
Penned by Judge Rosendo B. Bandal, Jr.
[2]
In the hearing of February 23, 1999, the appellant disclosed that his real name was not Allan Solamillo, but
ALVIN ROLANDO SOLAMILLO. Hence, upon motion of the prosecuting fiscal, the prosecution was allowed to
amend the Information by inserting Alvin Rolando Solamillo, alias Allan Solamillo in the amended Information
dated October 27, 1988.
[3]
Records, pp. 65-67.
[4]
Id. at 76.
[5]
Id. at 180-181.
[6]
Entitled People v. Tonog, Jr., 205 SCRA 772.
[7]
Records, p. 200.
[8]
Id. at 206.
[9]
Id. at 210.
[10]
Id. at 214.
[11]
The following persons who testified during the separate trial of Ignacio Tonog, Jr. were already deceased at the
time of the appellants trial, and thus were no longer able to testify: Ramon Dicen Flores who died on August 7,
1995; Godofredo Diaz Flores, who died on August 7, 1995; and Elvis Solamillo Bueno who died on April 30, 1996
(TSN, 25 February 1999, p. 18).
[12]
TSN, 21 June 1999, p. 30.
[13]
Id. at 31-33.
[14]
TSN, 23 February 1999, p. 18.
[15]
Id. at 19.
[16]
Id . at 6-7.
[17]
Id. at 8.
[18]
Exhibit A, Records, p. 10.
[19]
TSN, 23 February 1999, p. 9-10.
[20]
Id. at 21.
[21]
Id. at 15.
[22]
TSN, 21 June 1999, p. 60.
[23]
Exhibit A, Records p. 10.
[24]
TSN, 23 February 1999, p. 15.
[25]
Id. at 24.
[26]
Id. at 26.
[27]
Exhibit A, Records, p. 10.
[28]
TSN, 21 June 1999, p. 45.
[29]
Id. at 18, 46; Annex A.
[30]
Id. at 19-20.
[31]
TSN, 24 February 1999, p. 5.
[32]
Id. at 6-13.
[33]
Id. at 14-15.
[34]
Id. at 16.
[35]
TSN, 25 February 1999, pp. 1-9.
[36]
Exhibit B, Records, pp. 16-17.
[37]
TSN, 22 February 1999, pp. 26-30.
[38]
Id. at 31.
[39]
Exhibit C. Records, p. 18.
[40]
TSN, 22 February 1999, p. 34.
[41]
Exhibit A.
[42]
Records, pp. 303-305.
[43]
Id. at 306-370.
[44]
Id. at 430.
[45]
Rollo, p. 60.
[46]
People v. Sibonga, 404 SCRA 10, (2003).
[47]
TSN, 24 February 1999, pp. 33-35.
[48]
Exhibit S.
[49]
Exhibits T, U, V, W, TSN, March 3, 1989; Folder of Exhibits, pp. 29-32.
[50]
Exhibit Z, Id. at 59.
[51]
People v. Dela Cruz, 343 SCRA 374 (2000).
[52]
People v. Esponilla, 404 SCRA 421 (2003).
[53]
See People v. Salvame, 270 SCRA (1997).
[54]
People v. Lopez, 313 SCRA 114 (1999).
[55]
People v. Diaz, 395 SCRA 52 (2003).
[56]
People v. Castillo, 333 SCRA 506 (2000)
[57]
People v. Tonog, Jr., supra.
[58]
People v. Corbes, 270 SCRA 465 (1997).
[59]
People v. Garcia, 258 SCRA 411 (1996).
[60]
See People v. Amion, 353 SCRA 410 (2001).
[61]
People of the Philippines v. Juanito Ibaez, G.R. No. 133923-24, July 30, 2003.
[62]
People v. Biong, 402 SCRA 366 (2003).