G.R. No.
123137 October 17, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
PO2 ALBERT ABRIOL, MACARIO ASTELLERO, and JANUARIO DOSDOS, accused-
appellants.
FACTS:
Romeo Sta. Cruz, Jr., a radio news reporter, had just reached the ABS-CBN compound
when he heard a couple of gunshots. He looked around and saw a man running
unsteadily. Sta. Cruz, Jr., saw a red "Jiffy" make a U-turn that nearly ran over the man
shouting for help.
Meanwhile, the "Jiffy" followed. It stopped beside the fallen figure and a tall, thin man
alighted. The man fired several shots at the prostrate figure.
PO3 Alexander Rustela boarded the car and they followed the "Jiffy," while broadcasting
an alarm to police headquarters and other mobile patrol cars.
They pursued the "Jiffy" which stopped. Cue fired a warning shot and three persons
alighted. They seized a .38 caliber revolver with six (6) empty shells in its cylinder. the
police also found a .45 caliber pistols.
The team from Police Station No. 3 rushed the victim to the hospital where he was
pronounced dead on arrival.
Dr. Diola of PNP Region 7 Crime Laboratory recovered a .38 caliber slug from the
corpse, which he later submitted for ballistics examination.
SPO4 Lemuel Caser, ballistician of the PNP Crime Laboratory, reported the following:
The following day, appellants underwent a paraffin test. The hands of appellants were
found positive for gunpowder residues. A chemistry test on the firearms showed that the
three handguns were also positive.
Appellants deny the accusations. On the witness stand, Astellero and Dosdos both
vehemently denied having any knowledge of the two .45 caliber pistols found by PO3
Cue in the "Jiffy."
The defense also presented Dr. Jesus P. Cerna, to testify on the caliber of the firearms
which might have caused the gunshot wounds of the victim. Relying on the Necropsy
Report prepared by Dr. Diola, Dr. Cerna declared that wound nos. 1 and 2, may have
been caused by a .38 caliber firearm. As to wound nos. 3 and 4, which each measured
0.5 cm. by 0.5 cm., it was possible that a .38 handgun was used, or one with a smaller
bore. Dr. Cerna opined that a .45 pistol could not have inflicted all the foregoing wounds,
as the entry points were too small for a .45 caliber bullet. With respect to the grazing
wounds found on the victim's body, Dr. Cerna testified that it was impossible to determine
the caliber of the firearm used.
ISSUE:
At issue is whether the prosecution's evidence, which is mainly circumstantial, suffices to
convict appellants for murder and violation of Presidential Decree No. 1866, beyond
reasonable doubt.
RULING:
The factors which could make the wound of entrance bigger than the caliber include: (1)
shooting in contact or near fire; (2) deformity of the bullet which entered; (3) a bullet
which might have entered the skin sidewise; and (4) an acute angular approach of the
bullet.
However, where the wound of entrance is smaller than the firearm's caliber, the same
may be attributed to the fragmentation of the bullet before entering the skin or to
a contraction of the elastic tissues of the skin. Dr. Diola testified that a .45 caliber pistol
could have caused the grazing wounds on the victim's head and extremities. Such expert
opinions disprove appellants' theory that the .45 caliber handguns confiscated from them
could not have been used in killing the victim.
There is no definite standard of determining the degree of skill or knowledge that a
witness must possess in order to testify as an expert. It is sufficient that the following
factors be present: (1) training and education; (2) particular, first-hand familiarity with the
facts of the case; and (3) presentation of authorities or standards upon which his opinion
is based.39 The question of whether a witness is properly qualified to give an expert
opinion on ballistics rests with the discretion of the trial court.40
In giving credence to Caser's expert testimony, the trial court explained:
Whenever a triggerman pumps a bullet (into) the body of his victim, he releases a chunk
of concrete evidence that binds him inseparably to his act. Every gun barrel deeply
imprints on every bullet its characteristic marking peculiar to that gun and that gun alone.
These marking might be microscopic but they are terribly vocal in announcing their origin.
And they are as infallible for purposes of identification, as the print left by the human
finger.
Motive is not an essential element of a crime,45 particularly of murder.46 It becomes
relevant only where there is no positive evidence of an accused's direct participation in
the commission of a crime.47 Stated otherwise, proof of motive becomes essential to a
conviction only where the evidence of an accused's participation in an offense is
circumstantial.
