Espineli v. People
Espineli v. People
RESOLUTION
DEL CASTILLO , J : p
CONTRARY TO LAW. 1 0
Petitioner was arrested on July 1, 1997 and when arraigned on July 7, 1997 with the
assistance of counsel, entered a plea of not guilty. 1 1
The facts show that in the early evening of December 15, 1996, Alberto Berbon y
CD Technologies Asia, Inc. 2018 cdasiaonline.com
Downie (Alberto), a 49-year old Senior Desk Coordinator of the radio station DZMM, was
shot in the head and different parts of the body in front of his house in Imus, Cavite by
unidentified malefactors who immediately fled the crime scene on board a waiting car.
Meanwhile, the group of Atty. Orly Dizon (Atty. Dizon) of the National Bureau of
Investigation (NBI) arrested and took into custody one Romeo Reyes (Reyes) for the crime
of Illegal Possession of Deadly Weapon. Reyes con ded to the group of Atty. Dizon that he
was willing to give vital information regarding the Berbon case. In due course, NBI Agent
Dave Segunial (NBI Agent Segunial) interviewed Reyes on February 10, 1997 and reduced
his statement into writing whereby Reyes claimed that on December 15, 1996, he saw
petitioner and Sotero Paredes (Paredes) board a red car while armed with a .45 caliber
rearm and armalite, respectively; and that petitioner told Paredes that "ayaw ko nang
abutin pa ng bukas yang si Berbon." 1 2 Subsequently, Reyes posted bail and was released
on February 14, 1997. Thenceforth, he jumped bail and was never again heard of. NBI
Agent Segunial testified on these facts during the trial.
The victim's widow, Sabina Berbon (Sabina) likewise testi ed. According to her,
sometime in the third week of February 1997 Reyes sought nancial help so he could
transfer his family to the province and protect them from any untoward consequence that
may result from his giving information to the NBI regarding the death of Sabina's husband.
Sabina gave him the total amount of P1,500.00 and promised to help him in applying for
the witness protection program. This was a rmed on the witness stand by Sabina's
brother, Bartolome Pakingan. After that, however, Reyes never came back. HSCcTD
Another prosecution witness, Rodolfo Dayao (Rodolfo), testi ed that he sold his red
Ford Escort car to three persons who came to his residence in the afternoon of September
1, 1996. He later identi ed the said car from the photographs presented to him by the
police officers.
Dr. Ludivino J. Lagat (Dr. Lagat), the NBI Medico-Legal O cer who conducted a
post-mortem examination on Alberto, declared in his Autopsy Report that the victim
suffered multiple gunshot wounds in the head and body. He also stated that based on the
size of the gunshot wounds or entrance, high-powered guns were used in the killing.
Petitioner, on the other hand, did not adduce evidence for his defense. Instead, he
led a Demurrer to Evidence 1 3 without leave of court. As no action whatsoever was taken
thereon by the trial court, petitioner just moved that the case be deemed submitted for
decision.
Ruling of the Regional Trial Court
In its Decision 1 4 dated August 31, 1999, the trial court adjudged petitioner guilty of
murder, thus:
WHEREFORE, premises considered, accused JOSE ESPINELI a.k.a. DANILO
"Danny" ESPINELI, is found guilty beyond reasonable doubt of committing the
crime of "Murder" as charged. He is, therefore, sentenced to suffer the penalty of
RECLUSION PERPETUA, and is likewise ordered to pay the heirs of Alberto Berbon
y Downie, the civil indemnity of P50,000.00, and actual and compensatory
damages in the total amount of P135,000.00 as funeral expenses (Exhibit "H"),
interment fee of P8,360.00 (Exhibit "C"), medical expenses in the total amount of
P1,519.45 (Exhibit[s] "D", "D-1" and "D-2") and for the contract fees of Memorial
Park Care the amount of P15,700.00 (Exhibit "E").
Petitioner seasonably appealed his conviction before this Court. Pursuant, however,
to the Court's pronouncement in People v. Mateo , 1 6 the case was ordered transferred to
the CA for appropriate action and disposition through a Resolution 1 7 dated March 22,
2006.
Ruling of the Court of Appeals
In its Decision 1 8 promulgated on July 6, 2007, the CA affirmed with modification the
ndings of the trial court. It ratiocinated that since none of the prosecution witnesses saw
how the killing of the victim was perpetrated, the qualifying circumstance of abuse of
superior strength cannot be appreciated. Neither can nighttime serve as an aggravating
circumstance as the time of the commission of the crime was not even alleged in the
Information. In view thereof, the CA found petitioner guilty only of homicide instead of
murder. The decretal portion of the appellate court's Decision reads:
WHEREFORE, premises considered, the present appeal is hereby
DISMISSED. The appealed Decision dated August 31, 1999 of the Regional Trial
Court of Imus, Cavite, Branch 90 is hereby AFFIRMED with MODIFICATION in that
accused-appellant is hereby found GUILTY beyond reasonable doubt of the crime
of Homicide and is hereby sentenced to an indeterminate prison term of ten (10)
years of prision mayor, as minimum, to seventeen (17) years and four (4) months
of reclusion temporal, as maximum. CScTED
SO ORDERED. 1 9
Dissatis ed, petitioner led a Motion for Reconsideration 20 which the CA denied in
its Resolution 2 1 dated September 14, 2007.
Hence, this Petition.
Arguments of the Parties
Petitioner posits that the CA should not have a rmed the Decision of RTC as the
latter erred:
1. . . . [in admitting, considering and giving] probative value to Exhibit "A", the
"Sinumpaang Salaysay" of [Reyes] because [he] was not presented in court
to con rm, a rm and authenticate the contents of his sworn statement. It
resulted in the denial of petitioner's constitutional right to confront and
cross-examine his accusers. 2 2
2. . . . [in convicting] the [petitioner] based on unproven, inadmissible
circumstantial evidence. 2 3
3. . . . in not acquitting the petitioner for failure of the prosecution to prove [his
CD Technologies Asia, Inc. 2018 cdasiaonline.com
guilt] beyond reasonable doubt . . . . 2 4
In sum, petitioner anchors his quest for the reversal of his conviction on the alleged
erroneous admission in evidence of the Sinumpaang Salaysay 2 5 of Reyes for being
hearsay and inadmissible. He avers that the said sworn statement should not have been
given probative value because its contents were neither con rmed nor authenticated by
the a ant. Thus, all circumstances emanating from or included in the sworn statement
must be totally brushed aside as lacking any evidentiary and probative value. Petitioner
emphasizes that as found by the courts below, there was no direct evidence linking him to
the crime; therefore, he wants this Court to review the su ciency of the circumstantial
evidence upon which his conviction was based as he believes that the same failed to
establish his guilt beyond reasonable doubt.
For its part, the O ce of the Solicitor General (OSG), representing respondent
People of the Philippines, concurs with the petitioner and recommends his acquittal. 2 6 It
is also of the view that the prosecution failed to discharge its burden of proving
petitioner's guilt beyond reasonable doubt.
The Court's Ruling
The Petition is devoid of merit.
Truly, "direct evidence of the commission of a crime is not the only basis from which
a court may draw its nding of guilt." 2 7 The rules of evidence allow a trial court to rely on
circumstantial evidence to support its conclusion of guilt. Circumstantial evidence is that
evidence "which indirectly proves a fact in issue through an inference which the fact- nder
draws from the evidence established." 2 8 Under Section 4, Rule 133 of the Rules of Court,
circumstantial evidence would be su cient to convict the offender "if i) there is more than
one circumstance; ii) the facts from which the inference is derived are proven; and iii) the
combination of all circumstances is such as to produce a conviction beyond reasonable
doubt." 2 9 All the circumstances must be consistent with one another, consistent with the
hypothesis that the accused is guilty and at the same time inconsistent with the
hypothesis that he is innocent. Thus, conviction based on circumstantial evidence can be
upheld provided that the circumstances proved constitute an unbroken chain which leads
to one fair and reasonable conclusion that points to the accused, to the exclusion of all
others as the guilty person. 3 0 ITCcAD
Petitioner takes vigorous exception to the said ndings, insisting that the said
sworn statement belongs to the category of hearsay evidence and therefore inadmissible.
He asserts that its contents were never con rmed or authenticated by Reyes, thus, it lacks
probative value.
The Court is unconvinced.
The hearsay evidence rule as provided under Section 36, Rule 130 of the Rules of
Court states:
Sec. 36. Testimony generally con ned to personal knowledge; hearsay
excluded. — A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own perception, except as
otherwise provided in these rules.
Evidence is hearsay when its probative force depends in whole or in part on the
competency and credibility of some persons other than the witness by whom it is sought
to produce. However, while the testimony of a witness regarding a statement made by
another person given for the purpose of establishing the truth of the fact asserted in the
statement is clearly hearsay evidence, it is otherwise if the purpose of placing the
statement on the record is merely to establish the fact that the statement, or the tenor of
such statement, was made. Regardless of the truth or falsity of a statement, when what is
relevant is the fact that such statement has been made, the hearsay rule does not apply
and the statement may be shown. As a matter of fact, evidence as to the making of the
statement is not secondary but primary, for the statement itself may constitute a fact in
issue or is circumstantially relevant as to the existence of such a fact. 3 4 This is known as
the doctrine of independently relevant statements. 3 5 aCcHEI
The penalty prescribed by law for the crime of homicide is reclusion temporal. 4 2 In
view of the absence of any mitigating or aggravating circumstance and applying the
Indeterminate Sentence Law, the maximum of the sentence should be within the range of
reclusion temporal in its medium term which has a duration of fourteen (14) years, eight
(8) months and one (1) day to seventeen (17) years and four (4) months, while the
minimum should be within the range of prision mayor which has a duration of six (6) years
and one (1) day to twelve (12) years. Thus, the imposition by the CA of an indeterminate
prison teen of ten (10) years of prision mayor, as minimum, to seventeen (17) years and
four (4) months of reclusion temporal, as maximum, is in order.
Petitioner's Civil liability
While the CA correctly imposed the amount of P50,000.00 as civil indemnity, it
failed, however, to award moral damages. These awards are mandatory without need of
allegation and proof other than the death of the victim, owing to the fact of the
commission of murder or homicide. 4 3 Thus, for moral damages, the award of P50,000.00
to the heirs of the victim is only proper.
Anent the award of actual damages, this Court sees no reason to disturb the amount
awarded by the trial court as upheld by the CA since the itemized medical and burial
expenses were duly supported by receipts and other documentary evidence.
The CA did not grant any award of damages for loss of earning capacity and rightly
so. Though Sabina testi ed as to the monthly salary of the deceased, the same remains
unsubstantiated. "Such indemnity cannot be awarded in the absence of documentary
evidence except where the victim was either self-employed or a daily wage worker earning
less than the minimum wage under current labor laws." 4 4 The exceptions nd no
application in this case.
In addition and in conformity with current policy, an interest at the legal rate of 6%
per annum is imposed on all the monetary awards for damages from date of nality of this
judgment until fully paid.
Footnotes
1. People v. Lopez, 371 Phil. 852, 860 (1999).
2. People v. Abdulah, 596 Phil. 870, 876 (2009).
3. Rollo, pp. 10-39.
4. C A rollo, 119-142; penned by Associate Justice Martin S. Villarama, Jr. (now a member of
this Court) and concurred in by Associate Justices Noel G. Tijam and Sesinando S.
Villon.
5. Records, pp. 183-196; penned by Executive Judge Dolores L. Español.
6. CA rollo, p. 164.
7. Id. at 147-152.
26. See the OSG's Manifestation and Motion in Lieu of Comment, rollo, pp. 142-157.
27. People v. Manchu, 593 Phil. 398, 406 (2008).
28. People v. Osianas, 588 Phil. 615, 627 (2008).
29. People v. Gaffud, Jr., 587 Phil. 521,530 (2008).
30. People v. Abdulah, supra note 2.
35. Id.
36. TSN, August 1, 1993, p. 3.
37. Id. at 25.
38. People v. Gumimba, 545 Phil. 627, 652 (2007).
39. G.R. No. 185477, December 4, 2009, 607 SCRA 807, 817.