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Republic of the Philippines

Supreme Court

Manila

SECOND DIVISION

BENJAMIN JESALVA,Petitioner,- versus -PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 187725 Promulgated: January 19, 2011

DECISION

NACHURA, J.:

Before this Court is a Petition for Review

[1]

on Certiorari under Rule 45 of the

Rules of Civil Procedure, seeking the reversal of the Court of Appeals (CA)

Decision

[2]

dated October 17, 2008, which affirmed with modification the

decision

[3]

of the Regional Trial Court (RTC) of Sorsogon, Sorsogon, dated November

18, 1997, finding petitioner Benjamin Jesalva alias Ben Sabaw

[4]

(petitioner) guilty

beyond reasonable doubt of the crime of Homicide.

The Facts

On September 11, 1992, the Chief of Police of Sorsogon, Sorsogon, filed a

criminal complaint

[5]

for Frustrated Murder against petitioner. Four days thereafter,

or on September 15, 1992, the complaint was amended, charging petitioner with the

crime of Murder, as the victim Leticia Aldemo

[6]

(Leticia) died on September 14,

1992.

[7]

After conducting a hearing on the bail application of petitioner, the Municipal

Trial Court (MTC) of Sorsogon, Sorsogon, on December 18, 1992, granted him

bail.

[8]

On January 11, 1993, the MTC recommended the filing of Murder against

petitioner, and then ordered the transmittal of the records of the case to the

Provincial Prosecutor of Sorsogon.

[9]

Thus, petitioner was charged with the crime of Murder in an

Information

[10]

dated January 26, 1993, which reads:

That on or about the 9

day of September, 1992 in the

Municipality of Sorsogon, Province of Sorsogon, Philippines, and

within the jurisdiction of this Honorable Court, the above-named

accused, with intent to kill, taking advantage of superior strength,

with treachery and evident premeditation with the use of motor

vehicle and during night time, did then and there [wilfully],

unlawfully and feloniously attack, assault, manhandle and use

personal violence upon [Leticia] Aldemo, inflicting upon the latter

serious and mortal wounds which directly caused her death shortly

thereafter, to the damage and prejudice of her legal heirs.

CONTRARY TO LAW.

When arraigned on March 1, 1993, petitioner entered a plea of not guilty to the

offense charged.

[11]

Thereafter, trial on the merits ensued. In the course of the trial,

two varying versions arose.

Version of the Prosecution

The testimonies of the prosecution witnesses are essentially summarized by

the Office of the Solicitor General (OSG), as follows:

In the evening of September 8, 1992, witness Gloria

Haboc, together with the victim Leticia Aldemo, Benjamin Jesalva

(petitioner), Elog Ubaldo,

[12]

Jo Montales and Romy Paladin were

at Nena’s place playing mahjong. A certain Mrs. Encinas and Atty.

Alibanto were also there. At about 10 o’clock that night, Gloria’s

group left Nena’s place and boarded the Isuzu panel of

petitioner. With the exception of Jo Montales, the group

proceeded to Bistro Christina to eat and drink. While Gloria had

softdrink, Leticia drank two (2) bottles of beer, and the rest

consumed beer and [F]undador until 11:30 in the evening.

After they ate and drank, the group, with the exception of

Elog Ubaldo who flagged down a tricycle, once again boarded

petitioner’s Isuzu panel as it was usually petitioner who drove them

home. The victim Leticia Aldemo was seated at the front

seat. Petitioner dropped Romy Paladin at his house first, followed

by Gloria, who resided some 20 meters away from Leticia’s

house. While at Gloria’s house, petitioner wanted to drink some

more but Gloria told him to defer it until the next day because the

stores were already closed. Gloria then gave Leticia three (3) sticks

of barbecue and accompanied her and petitioner at the gate. After

petitioner and Leticia boarded the Isuzu [panel], the former

immediately accelerated his car and went to the direction

of 6

Street instead of towards 7

Street where Leticia’s house was

situated.

At about 12:20 early morning of September 9, 1992, the

group of SPO1 Edgardo Mendoza (SPO1 Mendoza) of the Sorsogon

PNP Mobile Patrol Section chanced upon petitioner’s Isuzu [panel]

in St. Rafael Subdivision in [Our Lady’s Village] OLV, Pangpang,

Sorsogon. The police patrol team approached the vehicle and SPO1

Mendoza focused a flashlight at the front portion of the vehicle to

check what was going on. There, SPO1 Mendoza saw petitioner

whom he knew since childhood seated in front of the wheel so he

called out his name. Instead of heeding his call, however,

petitioner did not respond, immediately started the engine and

sped away toward Sorsogon town proper which is directly opposite

his place of residence which is Ticol, Sorsogon, Sorsogon.

At about the same time that night, Noel Olbes, a driver for the

MCST Sisters holding office at the Bishop’s Compound in Sorsogon,

Sorsogon, was also in OLV Pangpang. While he was walking from a

certain Lea’s house, he saw a woman naked from the waist down and

lying on her belly on the highway. Her jeans and [panty] were beside

her. Because it was raining, Olbes pitied her so he carried her and her

things to the shed some 10 meters away. As he was doing so, a tricycle

being driven by Eduardo De Vera focused its headlight in his

direction. De Vera called out, “What is that?” Because he received no

response from Noel Olbes, he decided to bring his passenger home first

and just come back to check the site later.

Meanwhile, upon reaching the shed, Olbes noticed that the

woman was bleeding that he even got stained with her

blood. Afraid that he might be implicated, he hurriedly left the

woman at Hazelwood such that when De Vera came back, he no

longer found Olbes. De Vera then proceeded to the police station

to report the incident to [SPO1] Balaoro.

De Vera, SPO1 Balaoro and SPO1 Sincua eventually returned

to comb the area but to no avail. On their way back at about 1:15

o’clock (sic) in the morning, they met Lt. Caguia talking with Noel

Olbes. De Vera lost no time in identifying him to be the man he

saw with the woman. At this point, Olbes admitted the allegation

but professed innocence. He admitted he left the woman in

Hazelwood where the police found her.

Eventually, Olbes was investigated by the police and was not

released until the next day. However, because the evidence

pointed to petitioner as the last person seen with the victim, a

search for him was conducted. He “surrendered” at one (1) o’clock

in the afternoon accompanied by Fiscal Jose Jayona, his first

cousin.

[13]

The prosecution highlighted that, per testimony of Gloria Haboc, Leticia

disclosed to her that petitioner was courting Leticia. However, Leticia told petitioner

that they should just remain as friends because she was already married, and that

she loved her handsome husband.

[14]

Moreover, the prosecution asseverated that, at

around 12:20 a.m. of September 9, 1992, while conducting patrol in St. Rafael

Subdivision,

[15]

together with other police officers, Senior Police Officer 1 Edgardo

Mendoza (SPO1 Mendoza), by using his flashlight, saw petitioner on board his vehicle

alone. Upon sight, petitioner immediately started his vehicle and drove toward the

town proper of Sorsogon, which was directly opposite his residence in Ticol,

Sorsogon, disregarding SPO1 Mendoza’s calls.

[16]

Lastly, at about 1:00 p.m. of

September 9, 1992, petitioner, together with his first cousin Fiscal Jose Jayona (Fiscal

Jayona), went to the police station, wherein he voluntarily intimated to SPO4 William

Desder (SPO4 Desder) that Leticia jumped out of his vehicle.

[17]

At about 1:20 p.m.

of September 9, 1992, SPO2 Enrique Renoria, together with other police officers,

Fiscal Jayona, and petitioner inspected the place, which petitioner identified as the

place where he and Leticia sat. They found bloodstains thereat.

[18]

After the prosecution presented twelve (12) witnesses, the defense moved

for leave of court to file demurrer to evidence. On February 21, 1994, the defense

filed before the RTC, Branch 51, its Demurrer to Evidence,

[19]

which the RTC, Branch

51, denied in its Order

[20]

dated July 8, 1994. On August 11, 1994, the defense filed a

Motion

[21]

for Reconsideration of the Order dated July 8, 1994 and Inhibition of

Presiding Judge, which the prosecution opposed. The Presiding Judge of the RTC,

Branch 51, voluntarily inhibited himself from taking any further action in the

case;

[22]

hence, the case was re-raffled to the RTC, Branch 52. Acting on the pending

Motion for Reconsideration of the defense, the Presiding Judge of the RTC, Branch

52, denied the same and set the reception of evidence of the defense.

[23]

Version of the Defense

In his relatively short stint on the witness stand, petitioner denied that he

killed Leticia. He testified that he did not have any reason to kill her, and that he had

many reasons why he should not kill her.

[24]

The prosecution manifested that it would

not conduct a cross-examination on the person of petitioner as his testimony was

tantamount to pure denial.

[25]

To prove that there was a broken chain of

circumstantial evidence, the defense presented, as witness, Eduardo de Vera. The CA

narrated:

12. Eduardo de Vera declared that on September 9, 1992

at about 12:30 a.m., he was driving his tricycle en route to OLV,

Pangpang, Sorsogon; upon reaching the junction of the national

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Republic of the Philippines Supreme Court Manila SECOND DIVISION BENJAMIN JESALVA,Petitioner,- versus -PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 187725 Promulgated: January 19, 2011 DECISION NACHURA, J.: Before this Court is a Petition for Review[1] on Certiorari under Rule 45 of the Rules of Civil Procedure, seeking the reversal of the Court of Appeals (CA) Decision[2] dated October 17, 2008, which affirmed with modification the decision[3] of the Regional Trial Court (RTC) of Sorsogon, Sorsogon, dated November 18, 1997, finding petitioner Benjamin Jesalva alias Ben Sabaw[4](petitioner) guilty beyond reasonable doubt of the crime of Homicide. The Facts On September 11, 1992, the Chief of Police of Sorsogon, Sorsogon, filed a criminal complaint[5] for Frustrated Murder against petitioner. Four days thereafter, or on September 15, 1992, the complaint was amended, charging petitioner with the crime of Murder, as the victim Leticia Aldemo[6] (Leticia) died on September 14, 1992.[7] After conducting a hearing on the bail application of petitioner, the Municipal Trial Court (MTC) of Sorsogon, Sorsogon, on December 18, 1992, granted him bail.[8] On January 11, 1993, the MTC recommended the filing of Murder against petitioner, and then ordered the transmittal of the records of the case to the Provincial Prosecutor of Sorsogon.[9] Thus, petitioner was charged with the crime of Murder in an Information[10] dated January 26, 1993, w ...
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