People v. Floresta

 

People v. Floresta

G.R. No. 239032

June 17, 2019

FACTS:

                The RTC and CA convicted Gilbert for the crime of Murder under Art. 248 of the RPC. Jay Lourd Bones y Zurbito (Jay Lourd) was having a drinking session with his friend Allan Andaya (Allan) and a certain Benjie at the kitchen of his house. After drinking two (2) shots of gin, Jay Lourd suddenly stood up and said to Allan, "Pare, I was hit, may tama aka." As Allan was about to hug Jay Lourd, he heard a cracking sound behind him, causing him to run away. Meanwhile, Jay Lourd's wife, Jennifer Bones (Jennifer), was breastfeeding their youngest child when she heard the gunshot coming from the kitchen. She hurriedly went to the kitchen and saw Jay Lourd bloodied on the floor, prompting her to cover his wound with a piece of cloth. At that moment, he told her, "Panggay, you see if Gilbert is still there?" Subsequently, she hid in a room with her elder child until her uncle and sister-in-law arrived to bring Jay Lourd to the hospital. She then decided to stay behind and wait for the police officers to arrive. However, when they informed her that they would continue the investigation the following day, she proceeded to the hospital where she was informed that Jay Lourd was already dead. Thereafter, she went to the Masbate City Police Station to tell the authorities that it was Gilbert who shot Jay Lourd. Consequently, Gilbert was apprehended by the police.

ISSUE:

                Whether or not the CA erred in affirming the RTC

HELD:

                Yes. Be that as it may, the Court is aware that in certain instances, the prosecution may still sustain a conviction despite the absence of direct evidence, provided that it is able to present circumstantial evidence that would establish an accused's guilt beyond reasonable doubt. Circumstantial evidence consists of proof of collateral facts and circumstances from which the main fact in issue may be inferred based on reason and common experience. It is sufficient for conviction if: (a) there is more than one circumstance; (b) the facts from which the inferences are derived are proven; and (c) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. To uphold a conviction based on circumstantial evidence, it is essential that the circumstantial evidence presented must constitute an unbroken chain which leads one to a fair and reasonable conclusion pointing to the accused, to the exclusion of the others, as the guilty person. Stated differently, the test to determine whether or not the circumstantial evidence on record is sufficient to convict the accused is that the series of circumstances duly proven must be consistent with each other and that each and every circumstance must be consistent with the accused's guilt and inconsistent with his innocence.

                Applying these principles to the evidence that appear on record, the Court finds that the prosecution had likewise failed to present sufficient circumstantial evidence to establish Gilbert's guilt beyond reasonable doubt. Records show that aside from Jay Lourd's utterance, there is only one (1) other circumstance that could possibly point to Gilbert as the assailant, and that is their previous quarrel with one another. 26 However, the totality of these circumstances is insufficient to produce a moral certainty that it was indeed Gilbert who shot and killed Jay Lourd. Wherefore, appeal is granted. Gilbert Selencio is acquitted of the crime of Murder.