Professional Documents
Culture Documents
Search: Chanrobles On-Line Bar Review
Search: Chanrobles On-Line Bar Review
Philippine Supreme Court Jurisprudence > Year 1995 > March 1995 Decisions > G.R. No. 106234 March 2, 1995
: PEOPLE OF THE PHIL. vs. JOSE DAYSON:
Custom Search
Search
THIRD DIVISION
DECISION
VITUG, J.:
Accused-appellant Jose Dayson was charged with murder in an information, dated 01 February 1991,
that read:nadchanroblesvirtualawlibrary
"That on or about the 18th day of May, 1990, at more or less 9:00 o'clock in the evening, at Bgy.
Tinapian, Municipality of Manito, province of Albay, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, together with two (2) other persons whose true identities
are not yet known and still at large, with intent to kill, conspiring, confederating and mutually helping
one another, with treachery and evident premeditation, did then and there willfully, unlawfully and
feloniously attack, assault and shoot PEDRO TRILLES. With high Powered Firearm, thereby inflicting upon
the latter gunshot wound on the skull (head) which caused his death, to the damage and prejudice of his
legal heirs.
After Trial, Regional Trial court Judge Antonio A. Arcangel 2 rendered his verdict (a) finding beyond
reasonable doubt of the offense charged and (b) sentencing him thusly: nadchanroblesvirtualawlibrary
DebtKollect Company, Inc. "WHEREFORE, premises considered the accused JOSE DAYSON is found GUILTY beyond reasonable doubt
of shooting to death Pedro Trilles last May 18, 1990, at about 9:00 P.M. at Tinapian, Manito, Albay. The
crime was evidently murder because the victim was killed while almost unconscious, being very drunk
that he had no chance of defending himself. This is treachery.
"The crime was further aggravated by the fact that it was committed in the dwelling of the victim, at
nighttime, and by a band of armed men. nadchanroblesvirtuallawlibrary
"There being no mitigating circumstances present to offset the aggravating, Accused Jose Dayson is
sentenced with reclusion perpetua and to pay the widow and heirs of the victim, the amount of
P50,000.00 for the life of the victim plus P10,000.00 for burial expenses.
"SO ORDERED." 3
Dayson, protesting his conviction and insisting on his innocence, has come to this Court. We cannot grant
him relief.
Nieves Trilles, widow of deceased Pedro Trilles, narrated on the witness stand how the accused took the
victim's life at about nine o'clock in the evening of 18 May 1990. Nieves was then with her husband at
their residence in Tinapian, Manito, Albay. Their small but was well lighted with a kerosene torch
("karaba"). Suddenly, Jose Dayson, whom she knew to be a member of the civilian Armed Forces Guerilla
ChanRobles Intellectual Property Unit ("CAFGU"), entered the house through the doorless kitchen and forthwith fired his gun at Pedro
Division Trilles, who was in a frontal slouching position, shattering the latter's skull and killing him instantly.
Shocked, Nieves managed to recognize her husband's assailant who was standing just about an arm's
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 1/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
length away from the couple. Dayson immediately left. Gazing through the window, Nieves saw Dayson
join up with two other persons outside the house whom she could not identify. She had no idea of any
motive for the dastardly act. The following day, she informed her husband's parents of the incident and
reported the matter to the authorities. The body was brought to the poblacion for autopsy. Nieves added
that her husband was the sole breadwinner of the family, and that P10,000.00 was spent for his burial.
nadchanroblesvirtuallawlibrary
Witness Elena T. Alcera, sister of the deceased and barangay captain of Tinapian, Manito, Albay, testified
that, at about 6:00 a.m. of 19 May 1990, Nieves told her of Pedro's death. Elena, accompanied by her
kagawads, promptly proceeded to the scene of the shooting incident. They saw the victim's lifeless body
with its skull shattered by a gunshot wound. The remains were brought to Manito town where an autopsy
was performed by Dr. Napoleon Se.
Dayson, the defense asserted, was on guard duty at the CAFGU detachment in Manumbalay, Municipality
of Manito, about three (3) kilometers away from Tinapian of the same town, between 6:00 and 10:00
p.m., on the day of the incident. being on duty at the time, Dayson did not leave his post until after his
replacement for the evening, Marcelo Perol, relieved him at about 10:00 p.m. Perol corroborated this alibi
of Dayson. After his relief, Dayson talked for a while with Millallos and then went to the detachment's
bunkhouse to spend the night. CAFGU soldiers, he said, could carry their long firearms, either a garand
or an armalite, only while on guard duty or when they were on important missions. Millallos testified that
their detachment was informed on 19 May 1990 about the shooting incident in Tinapian but neither the
name of the victim nor that of the assailant was mentioned. He made no entry in their blotter since the
matter was also reported to the Manito police. nadchanroblesvirtuallawlibrary
In appreciating the defense of alibi, this Court has repeatedly held, it is essential that the accused is able
(a) to prove his presence at another place at the time of the perpetration of the offense and (b) to
demonstrate that it would thus be physically impossible for him to be at the scene of the crime. 4 Neither
of the above has been convincingly established. As the Solicitor-General has so pointed out, the presence
of Dayson, a roving guard 5 at the CAFGU detachment, which is about half a hectare in perimeter, 6
could hardly be monitored that closely during his duty hours, while the distance between the detachment
and the victim's house, the trial court on its part has observed, can easily be negotiated in only twenty
minutes along a paved provincial highway. 7 Most importantly, Accused-Appellant.s pretense of alibi is no
match to the eye-witness account of, and the positive identification made by, the victim's widow who has
known the accused for almost ten years before the incident occurred. 8
March-1995 Jurisprudence The trial court, which obviously should be in the best position to assess the demeanor of witnesses at the
witness stand, has noted the testimony of Nieves Trilles to have been "straightforward, convincing and
Adm. Matter No. MTJ-93-811 March 1, 1995 : not destroyed, nor put to doubt by the lengthy and thorough cross-examination of the able defense
ALICIA T. KAW vs. CASIANO P. ANUNCIACION, JR. counsel." 9 No plausible reason has been given that might have induced Nieves to testify wrongly against
him nor why Nieves, who lost her husband and the father of her five children, would wish to send a
G.R. No. 76530 March 1, 1995 : PEOPLE OF THE person, other than the real killer, to jail for an apparently senseless slaying. That the prosecution has
PHIL. vs. REDENTOR E. UMALI failed to cite appellant's motive for the killing is of no moment. Motive, not being an element of the
crime, can become material only when the identity of the assailant is in serious doubt but not, such as in
G.R. Nos. 88298-99 March 1, 1995 : PEOPLE OF THE this case, when the accused is positively identified. 10
PHIL. vs. ROGELIO L. RIVERA, ET AL.
The killing was attended by the aggravating circumstances of (1) dwelling, having been committed in the
G.R. No. 90185 March 1, 1995 : PEOPLE OF THE
house of the victim without any evident provocation by the latter, and (2) treachery, the deceased not
PHIL. vs. ERNESTO B. ABARRI, ET AL.
having had any opportunity to defend himself, who, to use the language of the trial court, was "almost
G.R. No. 95851 March 1, 1995 : PEOPLE OF THE unconscious (and) very drunk," when the sudden fatal shot was, without any warning, delivered by the
PHIL. vs. MANOLO VILLANUEVA accused. The attendance of the above aggravating circumstances by the trial court. nadchanroblesvirtuallawlibrary
G.R. No. 108031 March 1, 1995 : DEVELOPMENT It might not be amiss to mention, at least in passing, that neither "nighttime" or the commission of the
BANK OF THE PHILIPPINES vs. NATIONAL LABOR crime "by a band," likewise appreciated by the trial court, appears to be here extant. Nocturnity is an
RELATIONS COMMISSION, ET AL. aggravating circumstance only when it is especially sought for or when the accused has taken advantage
thereof to commit an offense, while the phrase "by a band" refers to the situation where more than three
G.R. No. 109808 March 1, 1995 : ESALYN CHAVEZ armed malefactors act in unison or together in the commission of the crime. The facts on record do not
vs. EDNA BONTO-PEREZ, ET AL. sufficiently establish the attendance of these last two additional aggravating circumstances, and they
could have thus been simply discarded by the trial court.
G.R. No. 114829 March 1, 1995 : MAXIMINO B.
GAMIDO vs. NEW BILIBID PRISONS (NBP) OFFICIALS
WHEREFORE, the questioned decision, minus its added disquisition on the attendance of "nighttime" and
G.R. No. 116615 March 1, 1995 : FERDINAND "by a band" in the commission of the offense charged, is AFFIRMED.
CUNANAN vs. HERMIN E. ARCEO
Costs against accused-appellant. nadchanroblesvirtuallawlibrary
G.R. No. 113337 March 2, 1995 : RONALD 2. Branch 10, 5th Judicial Region, Legazpi City.
MANLIMOS, ET AL. vs. NATIONAL LABOR RELATIONS
COMMISSION , ET AL. 3. Rollo, pp. 21-22.
G.R. No. 117383 March 6, 1995 : RIZAL 4. People vs. Penillos, 205 SCRA 546; People vs. Babac, 204 SCRA 968; People vs. Cinco,
COMMERCIAL BANKING CORP. vs. LUCIA V. ISNANI, 194 SCRA 535.
ET AL.
5. TSN, CIC Bonifacio Millalos, 18 October 1991, p. 24.
G.R. No. 104709 March 7, 1995 : PEOPLE OF THE
PHIL. vs. COURT OF APPEALS, ET AL. 6. Ibid.
G.R. No. 116418 March 7, 1995 : SALVADOR C.
7. Decision, Rollo, p. 20.
FERNANDEZ vs. HON. PATRICIA A. STO. TOMAS, ET
AL.
8. TSN, Nieves Trilles, 04 July 1991, p. 15.
G.R. Nos. 118577 & 118627 March 7, 1995 :
JUANITO MARIANO, JR., ET AL. vs. COMMISSION ON 9. Rollo, p. 19.
ELECTIONS, ET AL.
10. People vs. Salamat, 225 SCRA 499; People vs. Amondina, 220 SCRA 6; People vs.
G.R. No. 106664 March 8, 1995 : PHILIPPINE AIR Molas, 218 SCRA 473.
LINES vs. FLORANTE A. MIANO
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 2/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
G.R. Nos. 104151 - 105563 March 10, 1995 : Back to Home | Back to Main
COMMISSIONER OF INTERNAL REVENUE vs. COURT
OF APPEALS, ET AL.
G.R. No. 112660 March 14, 1995 : SPS. ANTONIO QUICK SEARCH
AND VIRGINIA CHUA, ET AL. vs. COURT OF APPEALS,
ET AL.
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 3/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
G.R. Nos. 115908-09 March 29, 1995 : PEOPLE OF
THE PHIL. vs. DANNY GODOY
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 4/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 5/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
Adm. Case No. 1955 March 14, 1995 - NAPOLEON
R. GONZAGA, ET AL. v. CRISANTO P. REALUBIN
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 6/7
9/4/2019 G.R. No. 106234 March 2, 1995 : PEOPLE OF THE PHIL. vs. JOSE DAYSON : MARCH 1995 - PHILIPPINE SUPREME COURT JURISP…
Adm. Matter No. P-92-766 March 27, 1995 -
LOURDES SUMALJAG EVANGELISTA v. LUISA
PENSERGA
Copyright © 1998 - 2019 ChanRobles Publishing Company | Disclaimer | E-mail Restrictions ChanRobles™ Virtual Law Library™ | chanrobles.com™ RED
www.chanrobles.com/cralaw/1995marchdecisions.php?id=133 7/7