People v. Gaddi

8/10/2019 People v. Gaddi

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DIGEST

Defendant: Nerio Gaddi y Catubay

FACTS:

Nerio Gaddi y Catubay was charged with murder for the death Augusto Esguerra y Navarro:

Information reads as foow:

!n or about Dec" ##$ #%&#$ in 'ue(on City$ )etro )ania$ *hii++ines Nerio Gaddi with intent to ,i$ without any

-ustifiabe cause$ .uaified with treachery and with evident +re/meditation 0sic1$ did then and there$ wifuy$ unawfuy

and feoniousy attac,$ assaut and em+oy +ersona vioence u+on the +erson of A2G2ST! ESG2E33A y

NA4A33!$ by then and there stabbing him severa times with a ,nife$ hitting him on the different +arts of his body$

thereby inficting u+on him serious and morta wounds which were the direct and immediate cause of his death$ to the

damage and +re-udice of the heirs of the offended +arty in such amount as maybe awarded under the +rovision of the

Civi Code"

Gaddi +eaded not guity$ and tria 5udge )a6imiano C" Asuncion of 7ranch #89 of the 3egiona Tria Court of 'ue(onCity handed down nmbn a verdict of guit for the crime charged"

The Court finds the accused NE3I! GADDI y CAT27A; guity beyond reasonabe doubt of the crime of murder$ as

charged in the information$ and hereby sentences him to suffer the +enaty of 3EC<2SI!N *E3*ET2A or <IFE

I)*3IS!N)ENT and to +ay his heirs of Augusta Esguerra the sum of *=8$888"88 without subsidiary im+risonment in

case of insovency$ with a the accessory +enaties +rovided for by aw$ and to +ay the costs>

?ence the a++ea"

Issues:

#" T?E T3IA< C!23T E33ED IN GI4ING @EIG?T AND C3EDENCE T! T?E TESTI)!N; !F E3NEST!

G2)AN AND IN T!TA<<; DIS3EGA3DING T?E E4IDENCE ADD2CED 7; T?E DEFENSEB

" T?E T3IA< C!23T E33ED IN C!N4ICTING T?E ACC2SED/A**E<<ANT 7ASED !N ?IS @3ITTEN

STATE)ENT 0E?" F1 @?IC? IS INAD)ISSI7<E IN E4IDENCEB

" T?E T3IA< C!23T E33ED IN A**3ECIATING T?E '2A<IF;ING CI3C2)STANCES !F T3EAC?E3;

AND E4IDENT *3E/)EDITATI!N

The +rosecution +resented five 0=1 witnesses before the court a quo, namey: Ernesto Gu(man$ *at$ Arturo Angees$

C+" 3ogeo Castio$ *at" 5esus *atriarca and Dr" Gregorio C" 7anco" !n the other hand$ the accused Gaddi wasthe soe witness +resented for the defense"

According to the +rosecution:

At about =:88 ococ, in the afternoon of December ##$ #%&#$ at San 7artoome$ Novaiches$

'ue(on City$ Ernesto Gu(man saw a++eant Nerio Gaddi and the victim Augusto Esguerra drin,ing

gin" In the morning of the foowing day$ December #$ #%&#$ a++eant tod Ernesto Gu(man that

he ,ied his drin,ing +artner Augusto Esguerra and dum+ed his body in a toiet +it" Gu(man

advised a++eant to surrender to the +oice" After wor,$ Gu(man went to the +oice and re+orted

what a++eant tod him 0

At around :88 ococ, in the afternoon of the same day$ December #$ #%&#$ Cor+ora 3ogeio

Castio and Detective 3odrigo Saamat arrested a++eant at )anrey Subdivision$ Novaiches$

'ue(on City" Gaddie tod Cor+ora Castio that he ,ied the victim and where he buried the body"

<ater$ *at" 5esus *atriarca arrived" A++eant himsef ed the +oiceman and 7arangay residents to

where the body was in a toiet +it in the bac,yard of Ernesto Gu(man" The +oiceman$ with the he+

of the 7arangay residents$ dug out the body" The body of the victim was Identified by Ernesto

Gu(man$ his wife$ and 5ose Esguerra$ victims brother" *at" *atriarca too, +ictures of the body$

1



noted the statements of Ernesto Gu(man and 5ose Esguerra$ and too, down the confession of

a++eant " <ater$ the cadaver was sub-ected to auto+sy A mans T/shirt with coar$ coored yeow$

red and bue$ and red shorts$ were recovered from the +it where the body of the victim was dug out"

The T/shirt and shorts were Identified by Ernesto Gu(man as those worn by a++eant whie he was

drin,ing with the victim on December ##$ #%&# ""A sma tabe$ rubber si++er$ botte of wine and

gass were i,ewise recovered from the same +it

!n the other hand$ the defenses version of the facts are as foows:

Accused Nerio Gaddi a resident of Novaiches$ 'ue(on City$ testified that on December ##$ #%&#$

at around :88 to =:88 +"m"$ he was drin,ing with Augusta Esguerra 07ong Hueeng1 near the

house of Ernesto Gu(man" At about =:88 +"m"$ be was re.uested by Ernesto Gu(man to buy gin"

?e eft Ernesto Gu(man and Augusta Esguerra 0who were aegedy drin,ing1 in order to buy a

botte of gin in a nearby store$ about 88 meters away" At the store$ he met an ac.uaintance and

they ta,ed for a whie before returning" 2+on his arriva at the +ace 0where they had a drin,ing

s+ree1 he noticed stain of bood in the +ace where they had been drin,ing and Augusta Esguerra$

aias 7ong Hueeng was not there anymore" ?e in.uired from Ernesto Gu(man the whereabouts of

Augusta Esguerra and was tod that the atter went home aready" ?e then as,ed Gu(man about

the bood and was tod that it was the bood stain of a butchered chic,en" At about #:88 ococ,

midnight$ Ernesto Gu(man informed him about the ,iing of Augusta Esguerra" Gu(man narrated tohim that 7ong Hueeng 0Augusta Esguerra1 hed his rooster by the nec, and that his tattoo mar,

7C5 07atang City 5ai1 wi be erased by him" ?e did not re+ort the ,iing to the authorities" Gu(man

i,ewise re.uested ban to admit the ,iing but he refused" @hie in the house$ Gu(man fied the

case ahead" ?e was ater arrested and investigated whie oo,ing for the cor+se" @hen brought to

the +oice station$ he was forced to admit the ,iing of Augusto Esguerra 0TSN$ ++" /#9 August 8$

#%&91" A++eants 7rief$ +" 9/=B 3oo$ +" &"J

The Court finds the instant a++ea unmeritorious"

@here the conviction of an accused is based merey on circumstantia evidence$ as in this case$ it is essentia for the

vaidity of such conviction that: #1 there be more than one circumstanceB 1 the facts from which the inferences are

derived are +rovenB and 1 the combination of a the circumstances is such as to +roduce a conviction beyondreasonabe doubt Section =$ 3ue # of the 3evised 3ues of Court$ *eo+e v" )odesto$ G"3" No" </=9&9$

Se+tember #$ #%K&$ = SC3A KB *eo+e v" *a-anustan$ G"3" No" </&#K$ )ay #L$ #%&8$ %L SC3A K%%"J Athough

no genera rue has been formuated as to the .uantity of circumstantia evidence which wi suffice for any case$ yet

a that is re.uired is that the circumstances +roved must be consistent with each other$ consistent with the hy+othesis

that the accused is guity and at the same time inconsistent with any other hy+othesis e6ce+t that of guity *eo+e v"

Constante$ G"3" No" </#9K%$ December &$ #%K9$ # SC3A K=B *eo+e v" Caneda$ G"3" No" </#%#$ Se+tember

K$ #%K9$ # SC3A %"J

In the case at bar$ the circumstantia evidence adduced by the +rosecution sufficienty satisfies the .uantum of +roof

necessary to u+hod a -udgment of conviction" The foowing circumstances +roven by the +rosecution indubitaby

+oint to the accused as the +er+etrator of the crime committed against Augusto Esguerra"

#" The fact that said victim was ast seen on the day he was ,ied in the com+any of the accused$

drin,ing gin at the bac, of the house of Ernesto Gu(man TSN$ August %$#%&$ +" #"J

" The fact that on the day after the drin,ing s+ree$ December #$ #%&#$ the accused himsef

admitted to Ernesto Gu(man that he stabbed his drin,ing com+anion and that the atter was

nadisgrasya niya so he dum+ed the body of the victim in a hoe being dug out for a toiet$ ocated

at the yard of Ernesto Gu(man TSN$ August %$#%&$ +" L"J

" The fact that when he was turned over to *at" Arturo Angees and *at" 3ogeio Castio of the

Northern *oice District by the barangay +eo+e who a++rehended him$ be admitted the truth of the

charge of the barangay residents that he ,ied someone and that he dum+ed the body of the victim

in a +ace being dug out as an im+rovised toiet TSN$ 5uy #9$ #%&$ +" =B TSN$ August 9$ #%&$ +"

&"J At the time the barangay +eo+e started digging for the body of the victim$ the a++eant waseven instructing them as to the e6act ocation where the body was buried TSN$ August 9$ #%&$ +"

K"J

9" The fact that the +ace where be ed the +oice officers and the barangay residents$ i"e" the toiet

+it in the bac,yard of Ernesto Gu(man$ was indeed the site where he buried the victim as the body

of the victim was found there after the digging TSN$ 5anuary $ #%&9$ +" ="J

2



=" The fact that the T/shirt and shorts which the accused was wearing during the drin,ing s+ree

were ater recovered from the +ace where the victim was buried TSN$ Se+tember $ #%&$ +" "J

A++eant however dis+utes the tria courts reiance on the testimonies of the +rosecution witnesses as a basis for his

conviction" As a rue$ the tria courts assessment of the credibiity of the +rosecution witnesses is entited to great

weight and res+ect *eo+e v" 4aentino$ G"3" Nos" </9%&=%/ K8$ February 8$ #%&K$ #9# SC3A %LB *eo+e v"

Dagangon$ G"3" Nos" </KK=9/=&$ November #$ #%&K$ #9= SC3A 9K9J since it has the advantage of observing thedemeanor of a witness whie on the witness stand and therefore can discern if such witness is teing the truth or not

*eo+e v" !rno(a$ G"3" No" =K&$ 5une 8$ #%&L$ #=# SC3A 9%="J

)oreover$ a++eants caim that Ernesto Gu(mans testimony on Gaddis confession of the crime to him cannot be

given credence for being hearsay is unavaiing" This Tribuna bad +reviousy decared that a confession constitutes

evidence of high order since it is su++orted by the strong +resum+tion that no +erson of norma mind woud

deiberatey and ,nowingy confess to a crime uness +rom+ted by truth and his conscienc

e *eo+e v" Savador$ G"3"

No" </LL%K9$ 5uy K$ #%&& citing *eo+e v" CastanedaB G"3" No" </K=$ August #$ #%L%$ % SC3A =%"J *roof that

a +erson confessed to the commission of a crime can be +resented in evidence without vioating the hearsay rue

Section 8$ 3ue #8 of the 3evised 3ues of CourtJ which ony +rohibits a witness from testifying as to those facts

which he merey earned from other +ersons but not as to those facts which he

"knows of his own knowledge: that is,

which are derived from his own perception

." ?ence$ whie the testimony of a witness regarding the statement made

by another +erson$ if intended to estabish the truth of the fact asserted in the statement$ is ceary hearsay evidence$it is otherwise if the +ur+ose of +acing the statement in the record is merey to estabish the fact that the statement

was made or the tenor of such statement *eo+e v" Cusi 5r"$ G"3" No" </8%&K$ August #9$ #%K=$ #9 SC3A

%99"J?ere$ when Gu(man testified that the a++eant$ who +robaby was bothered by his conscience$ admitted the

,iing to him$ there was no vioation of the hearsay rue as Gu(man was testifying to a fact which he ,nows of his own

+ersona ,nowedgeB that is$ be was testifying to the fact that the a++eant tod him that he stabbed Augusta Esguerra

and not to the truth of the a++eants statement"

That the testimony of Gu(man on a++eants ora confession is com+etent evidence finds su++ort in People v.

Tawat G"3" No" </K&L#$ )ay =$ #%&9$ #% SC3A 9## which u+hed the tria courts reiance on an e6tra-udicia

confession given$ not to a +oice officer during custodia interrogation$ but to an ordinary farmer as the basis for

conviction" The Courts +ronouncements in the aforesaid case find reevance in the instant case:

The decaration of an accused e6+ressy ac,nowedging his guit of the offense charged$ may be

given in evidence against him 0Sec" % 3ue #8$ 3ues of Court1" @hat Feicito tod !gaesco may

in a sense be aso regarded as +art of the res gestae"

The 3ue is that any person, otherwise competent as a witness, who heard the confession, is

competent to testify as to the substance of what he heard if he heard and understood all of it. An

ora confession need not be re+eated verbatim$ but in such case it must be given in its substance"

0 C"5"S" #%K"1

*roof of the contents of an ora e6tra-udicia confession may be made by the testimony of a +erson

who testifies that he was +resent$ heard$ understood$ and remembers the substance of the

conversation or statement made by the accused citing 2nderhis Crimina Evidence$ 9th Ed"$

Nibac,$ Sec" L&$ +" ==#"1 at ++" 9K/9LB Em+hasis su++ied"J

The tria court found no reason to doubt Gu(mans credibiity as a witness considering his stature in the community as

a member of a reigious movement +artici+ating in such activities as maManita and +rocession of the Fatima and

7ac, 3osary 3oo$ +" 8"J In fact$ on the day the ,iing too, +ace$ he eft his house where a++eant and his

com+anion$ Esguerra were sti drin,ing and went to the house of 5unior Isa to attend a maManita and +artici+ate in

the wee,y activity of bringing down the crucifi6 and the image of the Fatima TSN$ Se+tember $ #%&" +" J 7esides$

there was no showing at a that he was actuated by im+ro+er motives in testifying against a++eant so as to warrant

disregard of his testimony *eo+e v" )agdueno$ G"3" No" </K&K%%$ Se+tember $ #%&K$ #99 SC3A #8"J !n the

contrary$ the evidence shows that even though the a++eant is not reated at a to Gu(man$ the atter$ as an act of

generosity$ aowed the former to see+ in the +orch of his house as the former had no immediate reatives in 'ue(on

City TSN$ August %$ #%&$ +" #9"J

As to the testimony of *at" Angees and *at" Castio$ the +oice officers who a++rehended the a++eant$ credence

shoud be given to their narration of how the a++eant was a++rehended and how he ed the +oice and the barangay

residents to the +ace where he dum+ed the body of his victim since those +oice officers are +resumed to have

+erformed their duties in a reguar manner in the absence of evidence to the contrary *eo+e v" 7ohost$ G"3" No" </

L88&$ 5uy $ #%&L$ #= SC3A K citing *eo+e v" Gamayon$ G"3" No" </=9&K$ A+ri &$ #%&$ ## SC3A K9B

*eo+e v" Cam+ana$ G"3" No" </L=$ August 8$ #%&$ #9 SC3A L#B *eo+e v" 3osas$ G"3" No" </LL&$ A+ri

8 #%&L$ #9% SC3A 9K9"J

3



A++eants defense to the +rosecutions charge rests on an uncorroborated and +urey ora evidence of aibi" It has

been rued time and again that courts oo, u+on the evidence of aibi with sus+icion *eo+e v" 7ondoc$ &= *hi" =9=

0#%=81J and aways receive it with caution *eo+e v" Cinco$ KL *hi" #%K 0#%%1B *eo+e v" de Gu(man$ L8 *hi"

0#%981J not ony because it is inherenty wea, and unreiabe but aso because of its easy fabrication *eo+e v"

3afao$ &K *hi" 0#%=81"J To overcome the evidence of the +rosecution$ an aibi must satisfy the test of fu$ cear

and satisfactory evidence 2"S" v" *ascua$ # *hi" K# 0#%81B 2"S" v" !6ies$ % *hi$ =&L 0#%#=1B 2"S" v" !ais$ K

*hi && 0#%#L1"J This test re.uires not ony +roof that the accused was somewhere ese other than the scene of the

crime but cear and convincing +roof of +hysica im+ossibiity for the accused to have been at the +ace of the

commission of the crime *eo+e v" *acis$ G"3" Nos" </%=L/ =&$ 5uy =$ #%&9" #8 SC3A =98B *eo+e v"

Coronado$ G"3" No" K&%$ !ctober &$ #%&K$ #9= SC3A =8B *eo+e v" Ferrera$ G"3" No" KK%K=$ 5une #&$ #%&L$

#=# SC3A ##"J

The testimony of the accused himsef beieves any caim of +hysica im+ossibiity for him to be at the scene of the

crime since according to him$ the store where he aegedy bought another botte of gin was ony 88 meters away"

?e was abe to return to Gu(mans house ony after haf an hour since he sti had a chat with an ac.uaintance at the

store" Even granting the truth of a++eants story that he was ordered by Gu(man to buy a botte of gin at about =:88

ococ, in the afternoon and that he was bac, after thirty minutes$ it was not im+ossibe for him to have committed the

crime since Gu(man and his wife eft a++eant aone with the victim at around K:88 ococ, in the evening to attend

the mananita at the house of 5unior Isa" Thus$ his statements on the witness stand$ far from demonstrating +hysica

im+ossibiity of being at the scene of the crime$ cast serious doubt on the veracity of his aibi"

As the cu+abiity of the accused has been estabished beyond reasonabe doubt by the evidence of the +rosecution$

there is no need to dwe on the admissibiity of a++eants e6tra/-udicia confession E6h" F to F/%B 3oo$ +" 8$

et

seq

"J ?is conviction can be sustained inde+endenty of said confession

"

Issue :

?owever$ in the absence of +roof as to how the victim was ,ied$ the aggravating circumstances of treachery and

evident +remeditation cannot be +ro+ery a++reciated" The ,iing must be considered as homicide ony and not

murder since the circumstance .uaifying the ,iing must be +roven as indubitaby as the ,iing itsef

*eo+e v"4icente$ G"3" No" </#L=$ February #&$ #%&K$ #9# SC3A 9L"J This Tribuna ceary +ointed out in a +revious case

that

As heretofore stated$ not a singe eyewitness to the stabbing incident had been +resented by the

+rosecution" Thus$ the record is totay bereft of any evidence as to the means or method resorted

to by a++eant in attac,ing the victim" It is needess to add that treachery cannot be deduced from

mere presumption, much less from sheer speculation. The same degree of proof to dispel

reasonable doubt is required before any conclusion may be reached respecting the attendance of

alevosia*eo+e v" Duero$ G"3 No" K====$ )ay $ #%&=$ #K SC3A =#=$ =#%/=8B Em+hasis

su++ied" J

Neither can the aggravating circumstance of evident +remeditation be considered$ absent a cear showing of

#" the time when the of tender determined to commit the crimeB

" an act manifesty indicating that the cu+rit cung to his dead terminationB and

" a sufficient as+e of time between the determination and the e6ecution to aow him to refect

u+on the conse.uences of his act *eo+e v" Diva$ G"3" No" </%9K$ !ctober ##$ #%K&$ = SC3A

9K&B *eo+e v" *acada$ 5r"$ G"3" Nos" </99999/9=$ 5uy L$ #%&K$ #9 SC3A 9L"J

As the evidence on record does not discose the e6istence of treachery and evident +remeditation in the stabbing of

the victim$ the crime committed is ony ?!)ICIDE and not murder$ Since there are neither mitigating nor aggravating

circumstances$ the +enaty for homicide which is

reclusion temporal

shoud be im+osed in its medium +eriod

"

A++ying the Indeterminate Sentence <aw$ the range of the im+osabe +enaty is from eight 0&1 years and one 0#1 day

of prision mayor, as minimum$ to seventeen 0#L1 years and four 091 months of reclusion temporal, as ma6imum"

Absent any +roof of actua damages$ the heirs of Augusta Esguerra are entited ony to the indemnity of * 8$888"88"

?ence$ the amount of *=8$888"88 awarded by the tria court shoud be reduced accordingy

"

@?E3EF!3E$ the a++eaed decision is )!DIFIED and the accused/a++eant is hereby found guity beyond

reasonabe doubt of the crime of ?!)ICIDE$ sentenced to suffer the indeterminate +enaty of eight 0&1 years and one

4



Documents

People v. Gaddi