Estioca V People G.R. No. 173876 June 27,2008

ESTIOCA V PEOPLE
G.R. No. 173876
June 27,2008
FACTS
On the morning of July 28,2001 around 8:00, Valcesar Estioca, the appellant together with other
co accused helping one another break into and ransacked the classroom of Mrs. Celina M. Panal in
Ozamiz City Central School and took with them a colored television, worth P6000, Karaoke also worth
P6000 and a stand fan that is worth P3000, all the property of the school amounting to a total of P15,000.
Consequently, a grade six student of the same school named Nico Alforque, while doing some chores
ordered by his teacher, had seen and positively identified the perpetrators and the one reported to the
school activities according the robbery incident. Upon the arrest of the accused they were charged and
tried for the crime of robbery where they are found guilty for the crime.
ISSUE
Whether or not the facts and testimonies of the lone eyewitness is credible to convict the alleged
suspect for the robbery incident
HELD
The petition for review by the appellant was denied, although he asserts that the commission of a
crie in broad daylight with the presence of possible witnesses thereon is against human nature and a
person in his right mind wouldnt pursue, still, there are no cogent reason or basis to overturn the previous
findings of the lower court and appellate courts for the testimony of the witness is credible and consistent
even after being subjected to cross examination. Apart from seeing no sign of ill motive on the part of the
eye witness and on the teacher that occupied the classroom were the appliances were kept. It is also not
incredible or against human nature for the petitioner and his companions to have committed the robbery
in full view of the witness for really there is no standard set regarding the behavior of criminals upon
which they are to pursue their criminal acts. As ruled in People v. Toledo, circumstances prevailing on the
commission of the crime are irrelevant on matter concerning the credibility of the eye witness. Though
inconsistencies occur in the affidavit and the direct testimony of the witness in open court, it does not
necessarily discredit the witness wherein generally former is inferior to the latter,
PEOPLE V FALLORINA
G.R.No. 137347
March 4, 2004
FACTS
On the afternoon of September 26,1998,Vincent Jorojoro, together with a friend, who are both
minor, were playing on the rooftop of an abandoned carinderia in Barangay Bahay Toro, Project 3,
Quezon City. Therein, PO3 Ferdinand Fallorina, the Appellant, on board his motorcycle and travelling to
the direction of the Jorojoro, the victim, stopped and upon seeing the two minors playing, scolded and
cursed the two. Upon hearing the appellant, the the victim rose to his feet and when about to go down, the
former had shot the latter hitting him causing mortal head injury that caused the instantaneous death of
the victim. The appellant voluntarily surrendered to the authorities after 3 days but the court still found
him guilty for the crime of murder and imposed a penalty of death.
ISSUE
Whether or not the court failed to appreciate the mitigating circumstance of voluntary surrender
HELD
The petition of the Appellant was denied and the judgement of the trial court had been affirmed.
The court cited the that there had been no error on not considering the mitigating circumstance of
voluntary surrender of the part of the appellant saying that surrender is voluntary when it is done by the
accused right after the commission of the crime and with the intention of being part of the Police force, to
save the force of necessary and incidental expenses in the conduct of search and apprehension. The
appellants deliberate intent to hide from the authorities for three(3) days had nolt bolstered his claim that
that he should be exempt from the commission of the crime nor his punishment be mitigated.
PEOPLE V ALMARIO
G.R. No. 693741
March 16, 1989
FACTS
Around 7:30 in the morning of March 6, 1979, Lt. Eluterio Belen,Chief of Police
of Paete, Laguna while waiting to board a jeepney, was shot ny more or less
seven(7) time in different parts of his body by Alberto Almario, the appellant, and
thereby inflicting upon the former serious mortal wounds that immediately caused
the victims death. Upon arrest of the appellant he was detained and upon
detainment, he had made an extra judicial confession and admitting his guilt for
killing the victim and in which after the trial ,the court rendered its judgment finding
the appellant guilty of killing Belen for the crime of murder with the aggravating
circumstance of disregard of due respect due to the deceased of his rank as a Chief
of Police, thereby imposing in him the punishment of Death.
ISSUE
Whether or not the aggravating circumstance of disregard of respect due to
the rank of the victim is evident in the case at bar
HELD
The appellants petition was denied and the court sustained the previous
ruling of the RTC in finding him guilty beyond reasonable doubt for the crime of
murder but without any aggravating circumstance and modifying the punishment of
death to reclusion perpetua. The court find that based upon the evidence on record
as bereft of proof that the appellant intended ti disregard the respect due to the
offended party of his rank as Chief of Police stating that circumstances qualifying or
aggravating the act of killing the a human being must be proved in an evident and
incontestable manner, mere presumptions or deductions from hypothetical facts not
being sufficient to consider them justified. The evidence on record on the contrary
proved that the crime was attended to with treachery, when the victim was
standing and waiting for a jeepney when he was shot seven times at a close
distance of two(2) meters while the assailant faced him such that the sequence of
events happened so fast that the victim was not able to draw his gun and defend
himself from the assailant.

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ESTIOCA V PEOPLE

G.R. No. 173876

G.R. No. 693741

March 16, 1989

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