People vs Bokingco

8/11/2019 People vs Bokingco

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G.R. No. 187536 August 10, 2011

PEOPLE OF THE PHILIPPINES,Plaintiff-Appellee,

vs.

MICHAEL O!INGO "#$"s %MICHAEL O!INGCO% "&' RE(NANTE COL,Accused-Appellants.

D E C I S I O N

PERE), J.:

For review is the Aended Decision!dated !" Nove#er $%%& of the Court of Appeals in CA-'.(.

C(-).C. No. %%*+&, findin appellants ichael o/inco$0o/inco1 and (e2nante Col 0Col1 uilt2as conspirators #e2ond reasona#le dou#t of the crie of urder and sentencin the to suffer the

penalt2 of reclusion perpetua.

On 3! 4ul2 $%%%, an Inforation3was filed aainst appellants charin the of the crie of urder

coitted as follows5

6hat on or a#out the $7th da2 of Fe#ruar2, $%%% in the Cit2 of Aneles, Philippines and within the

8urisdiction of this )onora#le Court, the a#ove-naed accused, conspirin and confederatin toetherand utuall2 helpin each other, ared with a claw haer and with intent to /ill #2 eans of

treacher2, evident preeditation, a#use of confidence, and nihttie, did then and there willfull2,unlawfull2 and feloniousl2 attac/, assault and aul NO9I PASION, #2 hittin and #eatin his head and

other parts of his #od2 with said haer, there#2 inflictin upon said NO9I PASION fatal wounds on

his head and #od2 which caused his death."

On arrainent, o/inco entered a uilt2 plea while Col pleaded not uilt2. Durin the pre-trial,

o/inco confessed to the crie chared.+

6he victi, Noli Pasion 0Pasion1 and his wife, Elsa, were residin in a house alon ac Arthur

)ihwa2 in ali#ao, Aneles Cit2. Pasion owned a pawnshop, which fored part of his house. )e

also aintained two 0$1 rows of apartent units at the #ac/ of his house. 6he first row had si: 0*1 units,one of which is Apartent No. + and was #ein leased to Dante ;italicio 0;italicio1, Pasion


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was wounded when she #owed her head to avoid the tear as. 7Col then instructed her to open the vault

of the pawnshop #ut Elsa infored hi that she does not /now the co#ination loc/. Elsa tried

offerin hi one2 #ut Col draed her towards the #ac/ door #2 holdin her nec/ and pullin her#ac/ward. efore the2 reached the door, Elsa saw o/inco open the screen door and heard hi tell

Col5 ?tara, pata2 na si2a.?!%Col iediatel2 let her o and ran awa2 with o/inco. Elsa proceeded to

Apartent No. 3. 6hereat, she saw her hus#and l2in on the floor, #athed in his own #lood.!!

PO3 @uirino Da2rit 0PO3 Da2rit1 was stationed at Police Station No. " in arana2 Sala/ot, ali#ao,Aneles Cit2. At !5$% a.. of $7 Fe#ruar2 $%%%, he received a phone call reardin the incident. )e,

toether with a certain PInsp. aniao, proceeded to Apartent No. 3 and conducted an investiation.

)e noticed a pool of #lood on the ceented floor of the /itchen. )e also saw a claw haer with areen lead pipe handle appro:iatel2 !3 inches lon near the /itchen sin/. A lead pipe easurin "%

inches and a chisel were also found in the near#2 construction site. 6he police went to Aneles

>niversit2 edical Center afterwards. PO3 Da2rit saw Pasion l2in in one of the #eds while ;italicio

was still loiterin around the eerenc2 roo. )e approached ;italicio and Elsa who #oth infored

hi of the incident.!$ )e prepared a police report on the sae da2 narratin the result of his

investiation.!3

Evel2n 'an, the stenoraphic reporter of Prosecutor 9ucina Da2aon, 8otted down notes durin thepreliinar2 investiation. She attests that o/inco aditted that he conspired with Col to /ill Pasion

and that the2 planned the /illin several da2s #efore #ecause the2 ot ?fed up? with Pasion.!"

6he necrops2 report prepared #2 Dr. 4oven '. Esuerra 0Dr. Esuerra1, contained the followin

findins5

!. ar/ed pallor of lips and nail#eds

$. od2 in rior ortis

3. Contusion with heatoa, riht edial infraor#ital reion e:tendin to the riht of the root

of the nose.

". Contusion with heatoa, left post-auricular reion.

+. Contusion with heatoa, riht anle of andi#le.

*. Contusion with heatoa, riht andi#ular reion.

=. Contusion with heatoa, left occipital reion.

&. Contusion with heatoa, riht fronto-parietal reion.

7. Contusion with heatoa, riht supraor#ital reion.

!%. A#rasions, linear, confluent, pro:ial third, riht le anterior $ B : * B c.

!!. Contusion with heatoa, left shoulder, level of head of left huerus.

!$. Sta# wound, anterior chest alon the anterior edian line, = c a#ove the nipple line, %.&c

lenth, %.+ c wide and ! c deep, hittin and puncturin the anu#riu sterni, not enterin

the thoracic cavit2. oth e:treities round.

!3. $ sta# wounds, non-penetratin, anterior chest, !3 c to the left of the anterior edian line,3 c #elow in8ur2 0!$1 !" c the riht of the anterior edian line " B on #elow in8ur2 0!$1.

ound %.& c in lenth, #oth e:treities round.

!". 9acerated wound, sei-lunar shape, 3 c lenth, left shoulder.
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!+. 9acerated wound, riht e2e#row area, C-shaped $ B c lenth.

!*. 9acerated wound, lateral anle, riht e2e, %.& c lenth.

!=. 9acerated wound, riht supraor#ital reion, edial aspect, $ c lenth.

!&. 9acerated wound, sei-lunar, + c lenth, occipital reion + c lenth involvin all la2ers

of the scalp with #rain tissue seen on the apin wound.

!7. 9acerated wound, " c lenth, C-shaped $ B c to the riht of in8ur2 0!&1 ! B c #elow,wound involvin the whole scalp.

$%. 9acerated wound, left post-auricular reion, C-shaped " c lenth, 3 c lenth.

$!. 9acerated wound left post-auricular reion, reion of the suaous part of the left teporal

#one, C-shaped 0$1 3.+ c and " c lenths.

$$. 9acerated wound, riht andi#ular reion " c lenth, ! c wide.

$3. 9acerated wound, stellate, +.+ : + : + c, riht fronto-parietal reion with #rain tissue out

of the apin wound.

$". 9acerated wound, riht su#andi#ular reion %.3 : 3.+ c.

$+. 9acerated wound, riht chee/ %.& c lenth.

$*. Depressed, coplete fracture, occipital #one riht with stellate linear e:tensions, with

apin, with #rain tissue aseration.

$=. S/ull fracture, riht fronto-parietal reion, depressed, coplete, C-shaped with linear

e:tensions, with apin of #one with #rain tissue aceration and e:pulsion.

$&. )eorrhae, assive, su#dural and epidural.

$7. rain tissue daae.!+

Dr. Esuerra concluded that the in8uries sustained #2 Pasion on his s/ull proved fatal.!*

Appellants testified on their own #ehalf. o/inco recalled that he was sleepin in Apartent No. 3 at

around !5$% a.. on $7 Fe#ruar2 $%%% when he was awa/ened #2 Pasion who appeared to #einto:icated. 6he latter wanted to /now wh2 he did not see o/inco at the construction site on $&

Fe#ruar2 $%%%. hen o/inco replied that he 8ust sta2ed at the apartent the whole da2, Pasion

suddenl2 hit hi in the head. 6his propted o/inco to ta/e a haer and hit Pasion. 6he2 #oth

struled and o/inco repeatedl2 hit Pasion. o/inco escaped to anila riht after the incident. )e

was su#seuentl2 arrested in indanao on !! 4une $%%%.!=Durin the cross-e:aination, o/inco

aditted that he har#ored ill feelins towards Pasion.!&

Col confired that he was one of the construction wor/ers eplo2ed #2 Pasion. )e however resinedon $* Fe#ruar2 $%%% #ecause of the deductions fro his salar2. )e went hoe to Cainta, (ial, where

he was apprehended and #rouht to Cap Olivas. >pon reachin the cap, he saw o/inco who

pointed to hi as the person who /illed Pasion. )e insisted that he doesn


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and a#use of confidence to #e considered aainst #oth accused and the itiatin circustance of

voluntar2 plea of uilt2 in favor of accused o/ino onl2, here#2 sentences each of the to suffer the

penalt2 of DEA6). Each accused is ordered to indenif2 the heirs of victi Noli Pasion in the aount

of Sevent2 five thousand pesos 0P=+,%%%.%%1 to pa2 the heirs of the victi Seventeen thousand si:hundred pesos 0P!=,*%%.%%1 as actual daaes, Fifteen thousand pesos 0P!+,%%%.%%1 as attorne2I96G as conspirators #e2ond reasona#le

dou#t of >(DE( as defined in Article $"& of the (evised Penal Code, as aended #2 (epu#lic Act

No. =*+7, ualified #2 treacher2 and evident preeditation and with the attendant aravatin

circustances of nihttie and a#use of confidence, with no itiatin circustances. 6he properiposa#le penalt2 would have #een death. )owever, pursuant to (epu#lic Act No. 73"*, the accused-

appellant are sentenced to suffer the penalt2 of (eclusion Perpetua without the possi#ilit2 of parole 0in

accordance with Section 3 of the said law1. Each of the accused-appellants is further ordered toindenif2 the heirs of victi Noli Pasion in the aount of Sevent2 five thousand pesos 0P=+,%%%.%%1H

Fift2 thousand pesos 0P+%,%%%.%%1 as oral daaesH 6went2 five thousand pesos 0P$+,%%%.%%1 ase:eplar2 daaesH 6went2 five thousand pesos 0P$+,%%%.%%1 as teperate daaesH Fifteen thousand

pesos 0P!+,%%%.%%1 as attorne2


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su#itted for deli#eration.

In see/in the reversal of the Court of Appeals< Aended Decision, two issues were raised5 !1 whether

the ualif2in circustances were properl2 appreciated to convict appellant o/inco of urder and $1

whether appellant Col is uilt2 #e2ond reasona#le dou#t as a co-conspirator.

6here is no uestion that o/inco attac/ed and /illed Pasion. o/inco ade two 0$1 separate anddissiilar adissions5 first, in his e:tra8udicial confession ta/en durin the preliinar2 investiation

where he aditted that he and Col planned the /illin of PasionH and second, when he testified in open

court that he was onl2 provo/ed in hittin Pasion #ac/ when the latter hit hi in the head. On the #asisof his e:tra8udicial confession, o/inco was chared for urder ualified #2 evident preeditation

and treacher2.

Appellants aintain that the2 could not #e convicted of urder. 6he2 uestion the presence of

treacher2 in the coission of the crie considerin that no one fro the prosecution witnessestestified on how Pasion was attac/ed #2 o/inco. 6he2 also su#it that evident preeditation was

not proven in the case. 6he2 #elittle o/inco


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!$, Article III of the !7&= Constitution, which provides5

Section !$. 0!1 An2 person under investiation for the coission of an offense shall have the riht to

#e infored of his riht to reain silent and to have copetent and independent counsel prefera#l2 of

his own choice. If the person cannot afford the services of counsel, he ust #e provided with one.6hese rihts cannot #e waived e:cept in writin and in the presence of counsel.

: : : :

031 An2 confession or adission o#tained in violation of this or Section != hereof shall #e inadissi#le

in evidence aainst hi.

In People v. Suna,3*we held that ?the riht to counsel applies in certain pretrial proceedins that can

#e deeed critical staes< in the criinal process. 6he preliinar2 investiation can #e no differentfro the in-custod2 interroations #2 the police, for a suspect who ta/es part in a preliinar2

investiation will #e su#8ected to no less than the StateJs processes, oftenties intiidatin and

relentless, of pursuin those who iht #e lia#le for criinal prosecution.?3=In said case, Suna adean uncounselled adission #efore the police. )e later ac/nowleded the sae adission #efore the

8ude in a preliinar2 investiation. Suna was thrust into the preliinar2 investiation and while he

did have a counsel, for the latter


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no other evidence which will prove the conspirac2. Col also clais that Elsa


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@5 h2, on what floor is this aster


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A5 6o open the co#ination of the vault.

@5 Did 2ou copl2 to his order that 2ou open the co#ination of the vaultK

A5 No, sir. I do not /now the co#ination.

@5 hat vault are 2ou referrin toK

A5 ;ault of the pawnshop.

@5 here is that pawnshop located with reference to 2our residenceK

A5 At the first floor is the pawnshop and at the #ac/ is our /itchen.

@5 hen 2ou refused to open the vault of the pawnshop, what did (e2nante Col do a#out itK

A5 )e did not sa2 an2thin.

@5 )ow a#out 2ou, was there an2thin else 2ou didK

A5 I offered hi one2 so he will not /ill e.

@5 hen 2ou offered hi one2 so he will not /ill 2ou, did he areeK

A5 No, sir.@5 hat else happened ne:t when he did not aree to 2our offer of one2K

A5 )e draed e oin towards the #ac/ door."*

ased on these acts alone, it cannot #e loicall2 inferred that Col conspired with o/inco in /illin

Pasion. At the ost, Col


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no pro#ative value and is inadissi#le in evidence aainst Col.

o/incoI66ED on round ofreasona#le dou#t. 6he ureau of Corrections is ordered to cause the iediate release of accused-

appellant, unless he is #ein lawfull2 held for another cause, and to infor this Court of action ta/en

within ten 0!%1 da2s fro notice.

Appellant ichael o/inco is found '>I96G #e2ond reasona#le dou#t of the crie of )oicide. )eis here#2 sentenced to suffer the penalt2 of si: 2ears 0*1 and one 0!1 da2 of prision a2or as iniu

to !" 2ears, eiht 0&1 onths and one 0!1 da2 of reclusion teporal, as a:iu Appellant is further

ordered to indenif2 the heirs of Noli Pasion in the aount of Sevent2 five thousand pesos0P=+,%%%.%%1H Fift2 thousand pesos 0P+%,%%%.%%1 as oral daaesH 6went2 five thousand pesos

0P$+,%%%.%%1 as teperate daaesH Fifteen thousand pesos 0P!+,%%%.%%1 as attorne2

Documents

People vs Bokingco