8/14/2015 G.R.
No. 179487
Republic of the Philippines
Supreme Court
Manila
SECOND DIVISION
ROMEO ILISAN y PIABOL, G.R. No. 179487
Petitioner,
Present:
CARPIO, J.,
Chairperson,
versus NACHURA,
LEONARDODE CASTRO,*
ABAD, and
MENDOZA, JJ.
Promulgated:
PEOPLE OF THE PHILIPPINES,
Respondent. November 15, 2010
xx
DECISION
NACHURA, J.:
This is a Petition for Review on Certiorari under Rule 45 of the Rules of Court,
[1]
assailing the August 23, 2007 Decision of the Court of Appeals (CA) in CAG.R. CR No.
[2]
29937, which affirmed with modification the June 14, 2005 decision of the Regional
Trial Court (RTC) of Quezon City, Branch 81, finding petitioner Romeo Ilisan guilty
beyond reasonable doubt of homicide.
The RTC and the CA similarly arrived at the following factual findings:
On February 3, 2002, a baptismal celebration was held at the residence of Ricky Silva
in Barangay Nagkaisang Nayon, Novaliches, Quezon City. Among those who attended were
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[3]
petitioner and one Joey Gaton (Gaton). They belonged to different groups of guests.
While Gaton and petitioner were having a drinking spree with their respective groups,
one of petitioners companions apparently got irked by the way Gaton looked at him. This
prompted petitioner and his companions to maul Gaton. A melee then ensued; in the course
[4]
of which, petitioner shot Gaton at the abdomen, causing the latters instantaneous death.
The gun used by petitioner was a .45 caliber pistol.
On February 7, 2002, an Information for murder was filed against petitioner with the
RTC of Quezon City, Branch 81, viz.:
That on or about 3rd day of February, 2002, in Quezon City, Philippines, the above
named accused, did then and there, willfully, unlawfully and feloniously with intent to kill,
and with treachery and evident premeditation and with use of superior strength assault,
attack and employ personal violence upon the person of one JOEY GATON Y GARALDE,
by then and there shooting him with a gun hitting him on his trunk, thereby inflicting upon
him serious and grave wounds which were the direct and immediate cause of his death, to
the damage and prejudice of the heirs of JOEY GATON Y GARALDE.
[5]
CONTRARY TO LAW.
When arraigned on March 18, 2002, petitioner pleaded not guilty to the offense
[6]
charged.
Evidence for the prosecution consisted mainly of the testimonies of Gabriel Gaton, the
victims brother, Marlon Dellamas, and Edgardo Dagum, both neighbors of the victim, who
all positively identified petitioner as the gunman. Gabriel Gaton was summoned to the place
of the incident while his brother was being mauled; Marlon Dellamas went to the scene of
the incident to look for his brother Jojo; and Edgardo Dagum was at the place where the
mauling and shooting transpired.
In his defense, petitioner and his witnesses, Jomarie Ilisan and Jaime Escasinas,
petitioners brother and cousin, respectively, claimed that another guest, Chito Partisala, a
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jail guard in Bicutan, was the assailant. The defense also presented Engineer Leonard
Jabonillo, Forensic Chemist of the Central Police District Crime Laboratory, who testified
that petitioner tested negative for gunpowder residue when paraffin tests were conducted on
him a day after the incident.
In its June 14, 2005 decision, the RTC accorded more weight to the positive testimonies of
the prosecution witnesses over the declarations of the defense. There being no adequate
proof that treachery and evident premeditation qualified the killing of Gaton, the RTC
convicted petitioner of homicide, viz.:
IN VIEW OF THE FOREGOING, the Court finds accused ROMEO ILISAN y PIABOL
guilty beyond reasonable doubt of the crime of Homicide punishable under Article 249 of
the Revised Penal Code. Applying the provisions of the Indeterminate Sentence Law and
there being no mitigating or aggravating circumstances, the accused is hereby sentenced to
suffer imprisonment for a term ranging from eight years and one day of prision mayor as
minimum to fourteen years and eight months of reclusion temporal as maximum, and to
indemnify the heirs of the deceased in the amounts of P75,000.00 as actual damages,
P50,000.00 for the death of the victim and P50,000.00 as moral damages.
The period during which said accused was under detention should be deducted from the
[7]
service of his sentence. Let a mittimus order be issued for service of sentence.
On appeal to the CA, petitioner questioned the credibility of the prosecution witnesses
who allegedly harbored ill motive against him because they were either related to the victim
or to one of the participants in the commotion. Petitioner also argued that the negative
[8]
results of the paraffin residue test conducted on him strongly indicate his innocence.
In a Decision dated August 23, 2007, the CA affirmed the RTCs finding of guilt, but
modified the amount of actual damages awarded and the maximum period of the penalty
imposed by adding one (1) more day thereto, viz.:
WHEREFORE, the trial courts Decision dated June 14, 2005 is affirmed, subject to the
modification of the maximum period of the indeterminate sentence to fourteen (14) years,
eight (8) months and one (1) day of reclusion temporal medium, and the reduction of the
[9]
award of actual damages to P58,520.00.
Hence, the present petition wherein petitioner reiterates the issues he raised before the
CA.
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We deny the petition.
The Court generally defers to the trial court's evaluation of the credibility of witness
and their testimonies, for it is in a better position to decide questions of credibility, having
[10]
heard the witnesses themselves and observed their attitude and deportment during trial.
In the absence of any clear showing that the trial court overlooked or misconstrued cogent
facts and circumstances which would alter a conviction, we are doctrinally bound by the
[11]
trial courts assessment of the credibility of witnesses. The application of this rule
[12]
becomes even more stringent when such findings are sustained by the appellate court, as
in the present case.
We see no misappreciation of facts committed by the courts a quo, which were
uniform in their reliance on the prosecutions version. Both were correct in concluding that
the identity of petitioner and his actual shooting of Gaton were established beyond moral
certainty through the testimonies of three (3) witnesses, namely: (i) Gabriel Gaton, who was
summoned to the place of the incident while his brother Gaton was being mauled; (ii)
Marlon Dellamas, who went to the scene of the incident to look for his brother; and (iii)
Edgardo Dagum, who was in the vicinity when the shooting transpired. Their ensuing
testimonies are notable:
Gabriel Gaton:
Q: When Helen Dellamas went to your house and told you that your brother was being
mauled, what did you do, if you did anything?
A: We went to the place and we saw a person holding a gun.
Q: You said that you went to the place, where was this place located?
A: Near our house, sir.
Q: Now, you said that you saw a man when you went there, what else did you see?
A: I saw him pointing a gun at my brother Joey.
Q: How far were you when you saw that man who was pointing a gun at your brother Joey?
A: (Witness indicating a distance of 10 meters more or less.)
Q: And how far was the man with a gun from your brother Joey?
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A: (Witness indicating a distance of 2 meters.)
Q: What was the position of your brother Joey when the man was pointing his gun to your
brother Joey?
A: Sidewise, sir.
Q: What happened after you saw the man pointing a gun at your brother?
A: I shouted: Dont (Huwag naman) but he ignored me and then the gun went off.
Q: What happened after the gun went off?
A: After firing the gun, he pointed the gun to the bystanders.
Q: What happened to your brother?
[13]
A: He fell down, sir.
Marlon Dellamas:
Q: Please tell this Honorable Court what [you were] doing [at] that time?
A: I was looking for my brother Joey Dellamas.
Q: If you can remember, were there many people on that alley?
A: Yes sir.
Q: And what was the [lighting] condition of that alley at that time?
A: It was very bright at that time.
Q: At that time and place, was there any unusual incident that transpired on that place?
A: Yes maam, there was. They were arguing.
Q: You said that they were arguing, tell this Honorable Court who was arguing, could you
please be specific?
A: The visitors of the owner of the house, maam.
x x x x
Q: What happened after they entered the gate which you said was opened?
A: The person who was armed with a gun shot at Joey Gaton.
Q: How far were you when this person shot Joey Gaton, how far were you to this person?
A: I was very near, maam. I was about a meter only away from them.
x x x x
Q: And what happened after this person who you just identified as Romeo Ilisan shot Joey
Gaton, what happened?
[14]
A: Joey Gaton fell down, maam.
Edgardo Dagum:
Q: While you were enjoying yourself with your companions, do you recall of any unusual
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incident that happened?
A: Yes, sir, we heard shouts.
Q: Where did [those] shouts c[o]me from?
A: From outside.
Q: When you heard [the] shouts, what did you do?
A: We went out the premises of the house of my sister.
x x x x
Q: And what did you see outside?
A: There were persons quarrelling, sir.
Q: Do you know that persons who were quarrelling [at] that time?
x x x x
A: I saw my brotherinlaw Jojo Dellamas and Joey Gaton being mauled by some male
persons.
x x x x
Q: And when you saw people attacking your brotherinlaw and Joey Gaton, what else
happened?
A: When some of the neighbors were approaching the scene of the incident, those male
persons who were mauling my brotherinlaw entered the yard of the house of Jaime
E[s]casinas.
Q: Mr. Witness, you said a while ago that Joey Gaton was already dead, how did he die?
A: He was shot, sir.
Q: Who shot him?
A: Romeo Ilisan, sir.
x x x x
Q: You pointed to Romeo Ilisan as the person who shot Joey Gaton, how far were you when
Romeo Ilisan shot Joey Gaton?
A: About two (2) meters away sir.
Q: What kind of firearm did this Romeo Ilisan use in shooting Joey Gaton?
[15]
A: .45, sir.
The fact that Gabriel Gaton is the victims brother does not impair his credibility as a
witness. Relationship by itself does not give rise to a presumption of bias or ulterior motive,
nor does it ipso facto diminish the credibility or tarnish the testimony of a witness. On the
contrary, a witness relationship to a victim of a crime would even make his or her testimony
more credible as it would be unnatural for a relative who is interested in vindicating the
crime to accuse somebody other than the culprit. The natural interest of witnesses, who are
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relatives of the victim, in securing the conviction of the guilty would actually deter them
[16]
from implicating persons other than the true culprits.
There is likewise no indication that Marlon Dellamas and Edgardo Dagum were
improperly motivated when they testified against petitioner. As aptly observed by the Office
[17]
of the Solicitor General in its Comment, aside from the prosecution witnesses
relationship with the other participants in the fight, petitioner failed to show any other basis
for the ill motive he imputes against them. As a rule, absent any evidence showing any
reason or motive for prosecution witnesses to perjure, the logical conclusion is that no such
[18]
improper motive exists, and their testimonies are thus worthy of full faith and credit.
Petitioners reliance on the negative results of the paraffin test conducted on him the
[19]
day after the fateful event must fail. Our ruling in People v. Manalo, is apropos:
[E]ven if he were subjected to a paraffin test and the same yields a negative finding, it
cannot be definitely concluded that he had not fired a gun as it is possible for one to fire a
gun and yet be negative for the presence of nitrates as when the hands are washed before the
test. The Court has even recognized the great possibility that there will be no paraffin traces
on the hand if, as in the instant case, the bullet was fired from a .45 Caliber pistol.
Indeed, paraffin tests, in general, have been rendered inconclusive by this Court.
Scientific experts concur in the view that the paraffin test has proved extremely unreliable. It
can only establish the presence or absence of nitrates or nitrites on the hand; still, the test
alone cannot determine whether the source of the nitrates or nitrites was the discharge of a
firearm. The presence of nitrates should be taken only as an indication of a possibility or
[20]
even of a probability but not of infallibility that a person has fired a gun. Conversely,
the absence of gunpowder nitrates on petitioners hands, the day after the incident, does not
conclusively establish that he did not fire a gun; neither are the negative results yielded by
the paraffin test an insurmountable proof of his innocence.
The courts a quo also correctly rejected the version of the defense as a mere
afterthought intended to exculpate petitioner, viz.:
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If it is true that they saw Chito Partisala sh[o]ot Joey, why they did not tell the policeman
who arrived at the crime scene immediately that Partisala was the gunman. Why did Jomarie
wait until somebody pointed to the accused as the gunman before he told them that it [was]
[21]
Partisala who shot the victim.
Thus, the positive, clear, and categorical testimonies of the three eyewitnesses to
the crime deserve full merit in both probative weight and credibility over the negative
results of the paraffin test conducted on petitioner and his witnesses anomalous claims.
We now go to the penalty imposed. Homicide is punishable by reclusion temporal.
[22]
There being no mitigating or aggravating circumstance proven in the case at bar, the
penalty should be applied in its medium period of fourteen (14) years, eight (8) months, and
[23]
one (1) day to seventeen (17) years and four (4) months.
Applying the Indeterminate Sentence Law, the maximum penalty will be selected
from the above range, with the minimum penalty being selected from the range of the
penalty one degree lower than reclusion temporal, which is prision mayor (six [6] years and
one [1] day to twelve (12) years). Hence, the indeterminate sentence of eight (8) years and
one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months, and one
(1) day of reclusion temporal, as maximum, imposed by the RTC, and affirmed with
modification by the CA, is correct.
The civil indemnity and moral damages awarded by the RTC and the CA were also in
order and consistent with current jurisprudence.
Civil indemnity is mandatory and granted to the heirs of the victim without need of
[24]
proof other than the commission of the crime. Under prevailing jurisprudence, the
[25]
award of P50,000.00 to the heirs of the victim as civil indemnity is proper.
Moral damages must also be awarded because these are mandatory in cases of
[26]
homicide, without need of allegation and proof other than the death of the victim. The
[27]
award of P50,000.00 as moral damages is correct.
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We must, however, modify the actual damages awarded by the CA. Actual damages
pertain to the actual expenses incurred by the victims heirs in relation to his death, i.e.,
burial and funeral expenses. To justify an award therefor, it is necessary for a party to
[28]
produce competent proof or the best evidence obtainable, such as receipts. In this case,
the actual expenses incurred for the wake and burial of the victim were duly shown by
[29]
receipts marked as Exhibits K, L, M, and M1 in the aggregate amount of P88,520.00.
But the CA awarded only P58,520.00, which, after a perusal of the records, appears to have
been caused by the noninclusion of Exhibit L, a receipt for P30,000.00 paid by the victims
wife to La Funeraria Novaliches for the deceaseds autopsy and embalming treatment, and
use of mortuary equipment for the interment. Having convincingly proved the nature of the
expense in the amount of P30,000.00 in Exhibit L, it is only right to increase the actual
damages awarded to the victims heirs to P88,520.00.
WHEREFORE, premises considered, the petition is hereby DENIED. The August
23, 2007 Decision of the Court of Appeals is AFFIRMED with modification that the award
of actual damages is increased to P88,520.00.
SO ORDERED.
ANTONIO EDUARDO B. NACHURA
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
TERESITA J. LEONARDODE CASTRO ROBERTO A. ABAD
Associate Justice Associate Justice
JOSE CATRAL MENDOZA
Associate Justice
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A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before
the case was assigned to the writer of the opinion of the Courts Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's
Attestation, I certify that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the Courts Division.
RENATO C. CORONA
Chief Justice
* Additional member in lieu of Associate Justice Diosdado M. Peralta per Raffle dated June 28, 2010.
[1]
Penned by Associate Justice Fernanda Lampas Peralta, with Associate Justices Edgardo P. Cruz and Normandie B. Pizarro,
concurring; rollo, pp. 3848.
[2]
CA rollo, pp. 4251.
[3]
Id. at 43.
[4]
Id.; Certificate of Death of Joey Gaton (Records, p. 15); The medicolegal report concluded that Joey Gatons cause of death
was hemorrhagic shock secondary to gunshot wound of the abdomen (Records, p. 143).
[5]
Records, p. 1.
[6]
Id. at 32.
[7]
Supra note 2, at 5051.
[8]
Brief for the Appellant; CA rollo, pp. 6587.
[9]
Supra note 1, at 47.
[10]
People v. Dela Cruz, G.R. No. 184792, October 12, 2009, 603 SCRA 455, 464.
[11]
People v. Ballesta, G.R. No. 181632, September 25, 2008, 566 SCRA 400, 416; People v. Benito, 363 Phil. 90, 98 (1999).
[12]
People v. Ballesta, supra, at 416; People v. Cabugatan, G.R. No. 172019, February 12, 2007, 515 SCRA 537, 547.
[13]
TSN, June 20, 2002, pp. 46.
[14]
TSN, May 23, 2002, pp. 36.
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[15]
TSN, July 31, 2002, pp. 36.
[16]
People v. Quilang, 371 Phil. 241, 255 (1999); People v. Villanueva, 362 Phil. 17, 34 (1999).
[17]
Rollo, pp. 5359.
[18]
People v. Ballesta, supra note 11, at 416; People v. Rendoque, 379 Phil. 671, 685 (2000).
[19]
G.R. Nos. 9612324, March 8, 1993, 219 SCRA 656, 663.
[20]
People v. Cajumocan, G.R. No. 155023, May 28, 2004, 430 SCRA 311, 317318; People v. De Guzman, 320 Phil. 158,
169170 (1995).
[21]
Supra note 2, at 48.
[22]
REVISED PENAL CODE, Art. 249.
[23]
REVISED PENAL CODE, Art. 64, par. 1.
[24]
Tarapen v. People, G.R. No. 173824, August 28, 2008, 563 SCRA 577, 603604, citing People v. Tubongbanua, 500
SCRA 727, 742 (2006).
[25]
People v. Lusabio, Jr., G.R. No. 186119, October 27, 2009, 604 SCRA 565, 592593; Tarapen v. People, supra note 24, at
604; People v. Pascual, G.R. No. 173309, January 23, 2007, 512 SCRA 385, 400.
[26]
Tarapen v. People, supra note 24, at 604; People v. Bajar, 460 Phil. 683, 700 (2003).
[27]
People v. Lusabio, Jr., supra note 25, at 593; People v. Bajar, supra, at 700.
[28]
Tarapen v. People, supra note 24, at 604; citing People v. Jamiro, 344 Phil. 700, 722 (1997).
[29]
Records, pp. 146149.
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