G.R. NO. 157221 - PEOPLE OF THE PHILIPPINES, VS. CESAR GALVEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, all factual and circumstantial matters surrounding the commission of the crime, being carefully and meticulously examined and studied, this Court finds the accused SPO2 Cesar Galvez, a member of the Philippine National Police GUILTY beyond reasonable doubt as principal in committing the crime of Murder as alleged in the Information and which crime is defined and penalized under Art. 248 of the Revised Penal Code, but considering his good military records after the commission of the crime, hereby sentences him to suffer an imprisonment of SEVENTEEN (17) YEARS, FOUR (4) MONTHS and ONE (1) DAY as minimum, to TWENTY (20) YEARS as maximum, which is the minimum period of Reclusion Temporal in its maximum period to death. And to indemnify the heirs of the late Rosalio Enojarda, the amount of P50,000.00 as moral damages and to pay the Court the amount of P500.00 as judicial costs and other accessory penalties attached to the penalty of Reclusion Temporal. And further this accused is hereby stripped of all the military ranks he now hold [sic] in the Armed Forces of the Philippines. And upon the promulgation of this decision, the accused shall immediately be committed to the Provincial Jail where the Provincial Warden is directed to immediately transfer him to the National Penitentiary at San Ramon Penal Colony at Zamboanga City for commitment thereat. And the property bail bond he has posted for his provisional liberty is hereby ordered cancelled and its pertinent papers returned, upon receipt to the bondsman. [16] Galvez appealed the case to the CA, docketed as CA-G.R. CR No. 18255, which rendered its Decision on March 30, 2001 affirming his guilt but modifying the penalty to be imposed, thus: WHEREFORE, with the MODIFICATION that appellant CESAR GALVEZ is hereby sentenced to reclusion perpetua , the decision appealed from is hereby AFFIRMED in all other respects. [17] The CA held that the RTC erred in holding Galvez criminally liable based on conspiracy when such fact was not alleged in the Information. However, it still found Galvez guilty of Murder. [18] The CA reasoned that: the negative results of the paraffin and ballistic tests do not negate the possibility that Galvez used another gun in shooting the victim; the eyewitnesses of the prosecution identified Galvez as the perpetrator if not one of the perpetrators of the crime; alibi, which was offered by Galvez, is the weakest of all defenses and cannot prevail over positive identification; the offer of Galvez to the wife of the victim to have the case settled is also a strong indication of Galvez's culpability; and treachery was adequately established as the attack was sudden, unexpected and did not accord the victim an opportunity to defend himself. [19] The CA further held that since there was no mitigating circumstance, the proper penalty should be reclusion perpetua . [20] Galvez filed a Motion for Reconsideration [21] which the CA denied in its Resolution dated August 21, 2001, stat