People vs. Gonzales, GR No. 142932 (Case) PDF
People vs. Gonzales, GR No. 142932 (Case) PDF
People vs. Gonzales, GR No. 142932 (Case) PDF
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 142932
On record is a motion to dismiss dated September 7, 1993 filed by OIC 1st Asst.
Prov'l. Prosecutor Pableo B. Baldoza. Finding the grounds stated therein to be welltaken and in order, said motion is granted.
WHEREFORE, the case against accused Joseph Bernaldez only is hereby ordered
dismissed. The Provincial Warden is hereby directed to release immediately from
custody the person of Joseph Bernaldez, if there is no other case that will warrant his
further confinement in jail.
SO ORDERED.4
Thereafter, trial proceeded against accused-appellants Joel Gonzales and Romeo Bernaldez.
The facts are as follows:
At about 9:30 o'clock in the evening of July 5, 1992, the spouses Nicanor and Carolita Suralta
had visitors at their house in Bagsac, Manikling, San Isidro, Davao Oriental. Nicanor was
having drinks with Arsenio Abonales, Bobong Lamanilao, and Nicasio Lamanilao when two
armed men, one carrying a gun and the other a knife, suddenly entered the house through the
kitchen door. The one carrying a gun had a bonnet over his face, with only his eyes exposed,
while the other one carrying a knife had the lower half of his face covered with a
handkerchief. The knife-wielder held Chona, the third child of the Suralta spouses, and
announced a holdup. All persons in the house were ordered to go inside the bedroom, about
two meters away from the sala. There, the man with a gun demanded a gun and money from
Nicanor. Nicanor answered that he had no gun, but asked his wife to give money to the
holduppers. Carolita gave P2,100.00, which was intended to be deposited in the bank, to the
knife-wielder, who placed it in his pocket. Then the knife-wielder ransacked the cabinet and
took the remaining amount of P325.00, which was intended for the school expenses of the
Suralta children. In addition, he took the family's Sanyo cassette recorder and some clothes.
The holduppers also divested Arsenio Abonales, one of the guests, of his Seiko diver's
wristwatch and then left.5
As the holduppers were leaving, two gunshots rang out. Carolita thought that the first one
was a mere warning shot, but later Nicanor was heard moaning. Carolita became hysterical
after seeing her husband lying in a pool of his own blood. Nicanor was immediately brought
to the Lupon Emergency Hospital where he was given first aid. Thereafter, he was transferred
to the Tagum Regional Hospital but he eventually died.6 The death certificate (Exh. B) states
the cause of his death as Immediate Cause: CARDIO-RESPIRATORY ARREST
Antecedent Cause: MULTIPLE [GUNSHOT WOUNDS] PENETRATING
ABDOMEN PERFORATING WITH MASSIVE CONTAMINATION,
PERFORATING CECUM, APPENDECIAL TRANSECTION MESENTERIC
VISSEL, ILEUM, JEJUNUM & SIGMOID
Other significant conditions contributing to death: HYPOVOLEMIA. 7
The incident was reported to the San Isidro Police on the same night. Carolita Suralta and
Arsenio Abonales gave descriptions of the holduppers and told the responding police
investigators that they would be able to recognize the suspects if they saw them again. 8
On July 12, 1992, there was another holdup inside the ACF passenger bus compound in the
neighboring municipality of Magdug, Governor Generoso, Davao Oriental. The police team
sent to investigate the incident was able to pick up suspects, 9 one of whom was accusedappellant Joel Gonzales. He was wearing a wristwatch (Exh. A) and had a handgun (Exh. H).
Other items, consisting of watches, a cassette recorder (Exh. D), a chain saw, and spare parts,
were recovered from his house, some of which were claimed by passengers of the ACF bus
line.10
Police Inspector Arnold Malintad of Governor Generoso, head of the team investigating the
robbery of the ACF bus compound, informed Capt. Adane Sakkam, Police Chief of San
Isidro, about the apprehension of accused-appellant Gonzales and the recovery of the items
from him. Accordingly, on July 14, 1992, Capt. Sakkam, Carolita Suralta, and Arsenio
Abonales proceeded to the Governor Generoso Police Station. Carolita and Arsenio identified
accused-appellants Joel Gonzales and Romeo Bernaldez as the holduppers. Joel Gonzales
was identified as the man armed with a gun who wore a bonnet to cover his face, while
Romeo Bernaldez was identified as the knife-wielder who wore a handkerchief to cover the
lower portion of his face.11
Carolita volunteered that accused-appellant Bernaldez is in fact her nephew. Carolita and
Arsenio said that they were able to recognize the suspects despite their disguises because they
were only one to two meters away from each other during the holdup, and the rooms of the
house were well-lighted.12 In addition, Carolita was able to identify the Sanyo cassette
recorder (Exh. D) as the one taken from their house because of the broken antennae and the
name "Nick Suralta" written inside the battery compartment. On the other hand, Arsenio
likewise identified the Seiko diver's watch (Exh. A) as his.13
Accused-appellants put up the defense of denial and alibi.
Accused-appellant Joel Gonzales testified that he was in Tandang Sora, Governor Generoso,
Davao Oriental the whole day of July 5, 1992 working in his mother-in-law's farm, piling
coconut palm leaves together with his brother-in-law. In the evening, he had supper in his
house and slept there together with his family.14
On July 13, 1992, Gonzales was suffering from a fever. While he was sleeping, he was
awakened by Policeman Danny Cabanilas, Inspector Arnold Malintad and Eddie Tano, who
took him to the Governor Generoso police station in connection with a robbery in the ACF
bus compound. At the police station, he was investigated by Inspector Malintad and
thereafter put in jail. While inside the jail, people came to see him. Malintad pointed at him
and asked a woman companion if he was one of the persons who committed the robbery in
San Isidro. The woman answered, "I do not know them." For this reason, both Malintad and
the woman left. However, upon their return, the woman said that she recognized the men and
pointed to him and accused-appellant Romeo Bernaldez as those who were involved in the
robbery.15
On July 31, 1992, accused-appellant Gonzales was taken to Mati by Policemen Ernesto
Bahan and Alfredo Castro, but, before reaching Mati, somewhere in Baas, they alighted
from the jeep and he was made to kneel. He was beaten up by Bahan and Castro with the use
of an armalite and hit on the chest and the back. He was then brought to the Mati Cemetery
and there forced to confess. Thereafter, he was placed inside an open tomb for 12 minutes
and then he was taken to the Mati Municipal Jail. After three days, he was taken to Governor
Generoso. He denied participation in the crime and stated that the cassette recorder and other
items were not confiscated from him.16
For his part, accused-appellant Romeo Bernaldez claimed that at around 9:30 o'clock in the
evening of July 5, 1992, he was sleeping in his house in Tibanban, Governor Generoso
together with his father, mother, and two sisters. On July 13, 1998, he went to the Municipal
Jail of Governor Generoso to answer accusations by the police that he was concealing a
firearm. At the police station, he was investigated by Inspector Malintad for the firearm he
allegedly kept, which he denied. He was later placed in jail. 17 Inspector Malintad, however,
testified that Bernaldez was actually arrested in his house in Tibanban. 18
Romeo Bernaldez further testified that on July 14, 1992, Carolita Suralta, accompanied by
Policemen Sakkam and Malintad, went to the jail and made the prisoners stand up, after
which they went to Malintad's office. Then, the two returned to the jail cell after a few
minutes and Carolita pointed to him as among those involved in the robbery.19
Romeo Bernaldez also said that his residence was approximately 25 kilometers from
Manikling, San Isidro, where the robbery with homicide took place, and could be reached by
several means of land transportation.20
Except for accused-appellants, no other witness was presented by the defense.
Thereafter, SPO4 Ernesto Bahan was presented to rebut accused-appellant Joel Gonzales's
testimony. According to Bahan, at around 5 o'clock in the morning of July 21, 1992, he left
for Governor Generoso on official mission together with SPO3 Castro, SPO1 Lindo, PO3
Jaljis, and PO3 Hassan, upon order of his superior to fetch Joel Gonzales, per letter-request of
Assistant Provincial Director Supt. Melchisedeck Barggio. Acting on said letter-request,
Judge Rodolfo Castro of Municipal Trial Court of Mati ordered Inspector Malintad, the Chief
of Police of Governor Generoso, to turn over Joel Gonzales. The party left Sigaboy,
Governor Generoso at past 11 o'clock in the morning and arrived in Mati at around 1:30
o'clock in the afternoon of July 21, 1992. To support his statement, SPO4 Bahan read to the
court page 362 of the police blotter for July 21, 1992, 1350H, to wit:
SPO3 Bahan, SPO3 Castro, SPO1 Lindo, PO3 Jaljis, PO3 Azan arrived [at the] Police
Station from Governor Generoso and brought in the person of Joel Gonzales
regarding the request of Chief Inspector Melchisedeck C Bargio PNP Davao Or
Provincial Command, Mati Dvo Or to Mun. Trial Court of Governor Generoso,
Province of Davao Or duly signed by [Judge] Rodolfo Castro to turn over the custody
of accused to Mati Police Station for investigation, in relati[on] to CC No. 7183 for
Robbery with Homicide which is now pending in the Mun. Trial Court of Mati, same
the Chief of Police of Governor Generoso granted to be brought at Mati Police Station
provided that maximum security must be implemented and to be returned said to
Governor Generoso Police Station within three (3) days same said Joel Gonzales also
involved in Robbery with Homicide in CC No. 7183 as pinpointed by two witnesses
subject is hereby placed under police custody as per verbal order of OIC SPO1
Fortuna to the Jailer guard "BJMP" SPO3 Cabillada.21
SPO4 Bahan denied having taken accused-appellant Joel Gonzales to the Mati Cemetery. He
said that when they arrived in Mati, he immediately turned over Joel Gonzales to the Chief of
Police, who then turned him over to the investigating section. 22
He further testified that accused-appellant Joel Gonzales was taken to Mati in connection
with Criminal Case No. 7183. Although SPO4 Bahan admitted he had been administratively
charged with maltreating detention prisoners, he said the case was later dismissed and he was
exonerated.23
After trial, judgment was rendered by the trial court finding accused-appellants guilty beyond
reasonable doubt as principals of the crime of robbery with homicide. The dispositive portion
of its decision reads:
WHEREFORE, the Court finds accused Joel Gonzales and Romeo Bernaldez guilty
beyond reasonable doubt as Principal[s] of the crime of Robbery with Homicide and
hereby sentences each of them to suffer RECLUSION PERPETUA, with the
accessory penalties provided by law, to indemnify jointly and severally, the Heirs of
the victim, Nicanor Suralta, the sum of P50,000.00, to indemnify also jointly and
severally said heirs the sum of P2,425.00, plus the costs of the proceedings.
The cassette [recorder] (Exhibit "D") is ordered returned to the Suralta family, while
the wristwatch (Exhibit "A") to Arsenio Abonales.
SO ORDERED.24
Counsel for accused-appellant Joel Gonzales assigns the following errors allegedly
committed by the trial court:
I. THAT THE TRIAL COURT SERIOUSLY ERRED IN DECIDING THAT THE
ACCUSED WERE POSITIVELY IDENTIFIED BY PROSECUTION WITNESSES;
II. THAT THE EVIDENCE ADDUCED BY THE PROSECUTION DURING THE
TRIAL ARE INADMISSIBLE IN LAW.25
On the other hand, the Public Attorney's Office, on behalf of both accused-appellants, assigns
the following errors:
I. THE COURT A QUO GRAVELY ERRED IN CONVICTING BOTH ACCUSED
OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION
TO PROVE THE IDENTITIES OF THE ASSAILANTS BEYOND REASONABLE
DOUBT.
II. THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED
OF THE CRIME CHARGED BASED ON CIRCUMSTANTIAL EVIDENCE.26
We find accused-appellants' contentions to be without merit.
After reviewing the records of this case, we find that the prosecution evidence establishes the
guilt of accused-appellants beyond reasonable doubt. A conviction for robbery with homicide
requires proof of the following elements: (a) the taking of personal property with violence or
intimidation against persons or with force upon things; (b) the property taken belongs to
another; (c) the taking be done with animus lucrandi (intent to gain); and (d) on the occasion
of the robbery or by reason thereof, homicide in its generic sense is committed. The offense
becomes the special complex crime of robbery with homicide under Art. 294 (1) of Revised
Penal Code if the victim is killed on the occasion or by reason of the robbery. Even the Public
Attorney's Office concedes that the prosecution was successful in proving the commission of
the crime, questioning only the identification made by the prosecution witnesses of accusedappellants as the perpetrators of the crime.27
First. Accused-appellants contend that the trial court erred in giving credence to the
identification made by the two prosecution witnesses, Carolita Suralta and Arsenio Abonales.
They argue that the manner by which accused-appellants were identified was suggestive and
showed partiality. They argue further that, most often, the bereaved families of victims are
not concerned with the accuracy of identification because they are overwhelmed by passion
for vindication, regardless of whether or not the suspect is the real culprit.
This contention is without merit. We find no reason for setting aside the lower court's
conclusion on the accuracy and correctness of the witnesses' identification of the accusedappellants as the persons who robbed the Suralta spouses and the couples' guest Arsenio
Abonales and killed Nicanor Suralta. It is the most natural reaction of victims of criminal
violence to strive to ascertain the appearance of their assailants and observe the manner in
which the crime was committed. Most often, the face and body movements of the assailants
create a lasting impression on the victims' minds which cannot be easily erased from their
memory.28 There is no evidence to show that the eyewitnesses were so paralyzed with fear
that they mistook accused-appellants for the men who robbed and killed the victims. On the
contrary, fear for one's life may even cause the witness to be more observant of his
surroundings.29 Experience shows that precisely because of the unusual acts of bestiality
committed before their eyes, eyewitnesses, especially the victims to a crime, attain a high
degree of reliability in identifying criminals. 30 The desire to see that justice is done will not
be served should the witness abandon his conscience and prudence and blame one who is
innocent of the crime.31
Indeed, prosecution witnesses positively and categorically identified accused-appellants as
the armed men who held them up on July 5, 1992 and killed the victim. There was no
possibility of mistaken identification because prosecution witnesses were able to observe
their movements and their body built and height despite the fact that accused-appellants
covered their faces.32 As Carolita Suralta testified:
COURT TO THE WITNESS:
Q
You stated that one of the robbers was wearing a bonnet, is that right?
Q
And at that time when he was wearing a bonnet, you were not able to identify
him?
A
I cannot recognize him, but I can recognize his voice and his actions.
Why is it that you can recognize his voice and his actions?
....
Q
How is it that you can recognize his voice and his movements that he is the
accused Joel Gonzales, considering that he was wearing a bonnet and he is not even
your neighbor?
A
Because at the time he said, "silence", I recognized his voice, Your Honor.33
....
Q
In his residence?
Where?
He was standing.
Yes.
....
Q
Where?
A
He was apprehended with the gun and the wristwatch and I brought him to the
police station and interrogated him and after the interrogation, he accepted the
commission of the crime and he told me that he will voluntarily surrender the items in
his house.
....
Q
When you went to the house of Joel Gonzales, when was that that you said he
voluntarily turned over the loot?
A
On that date.
Yes.
....
Yes.
No, because it is only a matter of asking his wife to surrender the items. 39
To be sure, accused-appellants were already under custodial investigation when they made
their admissions to the police. At that point, the investigation had ceased to be a general
inquiry into an unsolved crime and had began to focus on the guilt of a suspect and for this
reason the latter were taken into custody or otherwise deprived of freedom in a substantial
way.40 Hence, the admissions made by accused-appellants are inadmissible in evidence
pursuant to Art. III, 2(1) and (3) of the Constitution. However, the defense failed to raise its
objections to the admissibility of these statements immediately, as required by Rule 132, 36,
when Inspector Malintad was presented as a witness for the prosecution or when specific
questions concerning the confession were asked of him. Consequently, accused-appellants are
deemed to have waived their right to object to the admissibility of Inspector Malintad's
testimony.41 Indeed, it was even the defense counsel who provided the opportunity for
Inspector Malintad to elaborate on the circumstances of accused-appellant Gonzales'
admission in the course of his cross-examination of the said witness.
Inspector Malintad also claimed that accused-appellant Joel Gonzales told him that one of his
companions was Romeo Bernaldez. He said:
ATTY. LOPEZ: (CROSS EXAMINATION)
For accused Romeo Bernaldez.
....
Q
At Tibanban.
Q
You mean to tell us that Joel Gonzales told you that Romeo Bernaldez is one of
his companions?
A
Yes and he told us that he is in Barangay Tibanban and we picked him up. 42
On the other hand, Capt. Sakkam testified that when he was in the Municipal Jail at the
Police Station of Governor Generoso in order to identify the suspects, he asked them who
killed the victim and accused-appellant Romeo Bernaldez answered that it was accusedappellant Joel Gonzales.
COURT:
....
Q
A
When I saw them, I asked one of them as to who killed the victim, and the other
one answered - I was not responsible in the killing - and he said, "Joel Gonzales killed
the victim".
Q
Who was the one who told you that the one who shot the victim was Joel
Gonzales?
A
Such admission by accused-appellant Bernaldez may be taken as evidence against his coappellant Joel Gonzales. For the constitutional provision on custodial investigation does not
apply to a spontaneous statement, not elicited through questioning by the authorities, but
given in an ordinary manner whereby the accused orally admitted having committed the
crime.44
Accused-appellant Joel Gonzales also contends that Inspector Malintad had no warrant when
the latter conducted a search of his residence. He contends that the alleged items taken during
the robbery in the ACF bus compound and the cassette recorder and wristwatch are
inadmissible in evidence against him.
This contention deserves no merit. As explained by Inspector Malintad, accused-appellant
Joel Gonzales voluntarily surrendered the stolen goods to him. When he went to the house of
accused-appellant Joel Gonzales, the watches, cassette recorder, chainsaw, and spare parts
were given to him. What thus happened was a consented search, which constitutes a waiver
of the constitutional requirement for a search warrant. It has been held that the right to be
secure from an unreasonable search may be waived either expressly or impliedly. 45 And when
the accused himself waives his right against unreasonable search and seizure, as in this case,
the exclusionary rule (Art. III, 3(2)) in the Constitution does not apply.
Third. Accused-appellant Joel Gonzales denies that the stolen goods had been taken from
him. Inspector Malintad testified that he recovered watches, a cassette recorder, a chainsaw,
and spare parts from accused-appellant Joel Gonzales when he arrested the latter in his house.
There is no reason to doubt Inspector Malintad's claim that the stolen items were indeed
recovered from accused-appellant Gonzales. These items were definitively identified by the
owners as those taken from them. Between the testimonies of the police officers, who enjoy
the presumption of regularity in their duties, and the bare denials of accused-appellants, we
are more inclined to believe the police officers. This is true especially considering that the
police officers have not been shown to have any motive to testify falsely against accusedappellants.
Rule 131, 3(j) of the Revised Rules on Evidence provides "that a person found in possession
of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole
act; otherwise, that things which a person possesses, or exercises acts of ownership over, are
owned by him." Since the subject items were found in the possession of accused-appellant
Joel Gonzales, he is then presumed to be the taker of the stolen items. Accused-appellant
Gonzales was unable to satisfactorily explain his possession of the stolen items.
All told, we hold the evidence in this case establishes the guilt of accused-appellants beyond
reasonable doubt. Under Art. 294(1) of the Revised Penal Code, as amended by R.A. No.
7659, the penalty for robbery with homicide ranges from reclusion perpetua to death. In view
of the absence of aggravating and mitigating circumstances attending the commission of the
crime, the penalty of reclusion perpetua was correctly imposed by the trial court on accusedappellants.
The Court likewise sustains the award of P50,000.00 as civil indemnity for the death of the
victim, Nicanor Suralta, the same being in line with prevailing jurisprudence. 46 An additional
amount of P50,000.00 as moral damages should also be awarded in favor of the heirs of the
victim. Such damages require no further proof other than the death of the victim. 47 The
restitution of the cash and of the stolen items to their respective owners ordered by the trial
court is affirmed.
WHEREFORE, the decision, dated February 10, 2000, of the Regional Trial Court, 11th
Judicial Region, Branch 6, Mati, Davao Oriental is AFFIRMED, with the modification that
accused-appellants Joel Gonzales and Romeo Bernaldez are sentenced to suffer the penalty of
reclusion perpetua and to pay the heirs of Nicanor Suralta the amounts of P50,000.00 as civil
indemnity, P50,000.00 as moral damages, and P2,425.00 as restitution for the stolen cash,
plus costs of the proceedings. The cassette recorder is ordered returned to the heirs of Nicanor
Suralta, and the wristwatch to Arsenio Abonales.1wphi1.nt
SO ORDERED.
Bellosillo, Quisumbing, De Leon, Jr., and Corona, JJ., concur.
Footnote
1
Records, p. 61.
Id., p. 167.
TSN (Arsenio Abonales), pp. 6-8, 15-16, 18-19, Aug. 17, 1994; TSN (Carolita
Suralta), pp. 5-8, Feb. 7, 1995.
6
TSN (Arsenio Abonales), pp. 9-10, Aug. 17, 1994; TSN (Carolita Suralta), pp. 8-9,
14-15, 19-20, 24, 30-32, Feb. 7, 1995.
7
Records, p. 7.
TSN (P/Capt. Adane S. Sakkam), pp. 9-10, 23, Oct. 13, 1994.
10
11
TSN (Arsenio Abonales), pp. 11, 15-16, 19-21, 27-31, Aug. 14, 1994; TSN (P/Capt.
Adane S. Sakkam), pp. 15-17, Oct. 13, 1994; TSN (Carolita Suralta), pp. 26-29, Feb.
7, 1995; TSN, pp. 5-8, Oct. 4, 1995.
12
TSN (Carolita Suralta), pp. 6, 17, 28-29, Feb. 7, 1995; TSN, p. 5, Oct. 4, 1995.
13
TSN (Arsenio Abonales), p. 8, Aug. 14, 1994; TSN (P/Capt. Adane S. Sakkam), pp.
21, 35-39, Oct. 13, 1994; TSN (Carolita Suralta), pp. 11, 17, Feb. 7, 1995; TSN
(Police Inspector Arnold Malintad), p. 5, Apr. 3, 1996.
14
15
16
17
18
19
20
Id., pp. 4, 8.
21
22
Id., p. 9.
23
Id., p. 11.
24
25
26
27
Id.
28
29
30
People v. Teehankee, Jr., 249 SCRA 54 (1995) citing People v. Campa, 230 SCRA
431 (1994) and People v. Apawan, 235 SCRA 355 (1994).
31
32
TSN (Arsenio Abonales), pp. 12, 28, Aug 14, 1994; TSN (Carolita Suralta), pp. 413, 16-21, Oct. 4, 1995.
33
34
TSN (Arsenio Abonales), p. 19, Aug. 17, 1994; TSN (Carolita Suralta), pp. 16, 23,
25, Feb. 7, 1995; TSN, pp. 9, 11-12, Oct. 4, 1995.
35
People v. Salazar, 205 SCRA 314, 319 citing People v. Auditor, 152 SCRA 613
(1987).
36
People v. Celis, 317 SCRA 79 (1999); People v. Lopez, 249 SCRA 610 (1995).
37
38
39
40
41
See People v. Escordial, G.R. Nos. 138934-35, Jan. 16, 2002; People v. Hermoso,
343 SCRA 556 (2000).
42
43
44
45
46
47