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    13 views9 pages

    Untitled

    Uploaded by

    Donnie Ray Olivarez Solon

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    © All Rights Reserved
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    1122123, 1106 PM GR. No. 144405 Today is Sunday, January 22, 2023 t The LAWPHIL Project ARELLANO LAW FOVNDATION PHILIPPINE LAWS AND JURISPRUDENCE DATABANK Constitution Statutes. Executive Issusnces. ucla Isuances Other lesuances. Jurisprudence International Legal Resources AUSL Exclusive Supreme Court Manila FIRST DIVISION GR.No. 144405 February 24, 2004 PEOPLE OF THE PHILIPPINES, appele, FERDINAND MATITO y TORRES, a.k.a. “FREDDIE,” appellant DECISION PANGANIBAN, J: Circumstantial evidence, when demonstrated with clarity and forcefulness, may be the sole basis of a criminal conviction, It cannot be overturned by bare denials or hackneyed alibis, ‘The Case Ferdinand Matito y Torres alias "Freddie" appeals the June 20, 2000 Decision’ of the Regional Trial Court (RTC) of Malolos, Bulacan (Branch 12), in Criminal Case No. 240-M-99, finding him guilty of murder and sentencing him to reclusion perpetua. The dispositive part of the Decision is worded thus: WHEREFORE, finding herein accused Ferdinand Matito y Torres @ Freddie uilly as principal beyond reasonable doubt of the crime of murder as charged, there being no attendant mitigating or aggravating circumstance in the ‘commission thereof, [the Court hereby sentences him] to suffer the penalty of reclusion perpetua, to indemnify the heirs of the deceased in the amount of P75,000.00, plus P100,000.00 as moral damages subject to the appropriate filing fee as a frst lien, and to pay the costs of the proceedings. “tn the service of his prison term the accused, being a detention prisoner, shall be credited with the full ime during which he had undergone preventive imprisonment, pursuant to Art. 29 of the Revised Penal Code." ‘The Information,$ dated November 24, 1998, charged appellant as follows: That on or about the 16th day of October, 1998, in the [MJunicipality of Paombong, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a firearm and with intent to kill one Mariano Raymundo, Jr. did then and there wilfully, unlawfully and feloniously, with evident premeditation, treachery and taking advantage of night time attack, as[s|ault and shoot with the said firearm the said Mariano Raymundo, Jr. hitting the latter on the different parts of his body, thereby causing him serious physical Injuries which directly caused his death.” Upon his arraignment on February 5, 1999,° appellant, assisted by his counsel de parte,° pleaded not gully, After tial in due course, the court a quo rendered the assailed Decision ‘The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecution's version of the facts as follows: hitpsawphinetjudurisur2004reb20041q-_144405,_2004.htm! 1122123, 1106 PM GR. No. 144405 ‘On October 16, 1998, around 10:30 in the evening, in San Roque, Hagonoy, Bulacan, Filomena” Raymundo heard gunshots just moments after her husband Mariano Raymundo, Jr. had stepped out of their house to go to the backyard to attend to his quails. As the shots came from the direction where Mariano was, Filomena rushed to the kitchen door and, upon opening it, saw Mariano who was about to come in. He was pressing his hands on his, shoulder which was bloodied and bleeding. Once inside the house, Filomena asked Mariano what happened and who did it to him, Mariano replied: ‘Binaril ako ni Pareng Freddie, Binaril ako ni Pareng Freddie,’ Mariano pushed Filomena away from the door when she tried to look outside. Filomena again asked Mariano who shot him, but Mariano's voice by then was barely audible. “Filomena and her two (2) daughters whom she had awakened, called out to their neighbors for help. Mariano was boarded on a tricycle and rushed to the Divine World Hospital where he was pronounced dead, "Dr. Manuel Aves conducted an autopsy examination on the victim at the Hagonoy District Hospital. His examination revealed that the victim sustained one (1) fatal wound on the right lateral neck at the area of the carotid triangle; two (2) other wounds on the left shoulder and right hand. Dr. Aves placed the cause of death to ‘hypovolemic shock due lo GSW, neck” ‘On the following day, the police invited appellant and his father for questioning and conducted paraffin tests on them. Filomena identified them as the last persons with whom Mariano had a quarrel prior to his death. "On October 19, 1998, Teresita Manalo Lopez, Forensic Chemist of the PNP Crime Laboratory, Malolos, Bulacan, ‘submitted her report that the right hand cast of appellant was positive for powder nitrates. “While stil alive, Mariano was a barangay tanod and the secretary of their neighborhood association. A month prior to his death, Mariano cut the supply of water to the house of appellant for his failure to pay his water bills for two (2) months. Also, Mariano had interceded for and on behalf of some neighbors who demanded that appellant move his, fence away from their walk path, Then, about 6:30 in the evening of October 16, 1998, Marlene Raymundo, a daughter of Mariano and Filomena, met appellant along the road, After asking her where her father was, appellant ‘cursed: ‘Putang ina iyang Tatay mo, Yari sa akin iyang Tatay mo.’ Marlene Raymundo observed that appellant was

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