PEOPLE OF THE PHILIPPINES, vs. MODESTO OREHUELA and ANECITO CAÑIZARESs.
- G.R. Number: G.R. No. 108780-81
- Promulgated: 1994-04-29
- Ponente: Feliciano, J.
Doctrine
Treachery exists where the means, method or manner of execution ensures the offender's safety and were consciously chosen, taking the victim by surprise so effective defense is impossible.
Conspiracy need not be proved by direct evidence; it is commonly inferred from acts manifesting a concurrence of wills or common design to commit the felony.
Facts
This is an appeal from the Joint Decision of the Regional Trial Court of Tagbilaran City in two criminal cases against Modesto Orehuela and Anecito Cañizares (and one John Doe).
In Criminal Case No. 6021, Orehuela and Cañizares were charged with murder; the trial court convicted both for murder qualified by treachery and sentenced them to reclusion perpetua and civil indemnity.
In Criminal Case No. 6134, Orehuela was convicted for qualified illegal possession of firearm and ammunition; the .38 caliber slug (Exhibit C) was ordered confiscated.
The Court found that treachery applied because the victim was shot suddenly without warning by Orehuela, who had stationed himself outside the victim's house and thereby incurred no risk.
Issues
Whether Modesto Orehuela was properly convicted of murder qualified by treachery.
Whether Anecito Cañizares was properly convicted of murder as co-conspirator.
Whether Modesto Orehuela was properly convicted for qualified illegal possession of firearm and ammunition.
Ruling
The Court AFFIRMED the conviction in Criminal Case No. 6134: Orehuela guilty beyond reasonable doubt of qualified illegal possession of firearm and ammunition; sentence of reclusion perpetua; Exhibit C confiscated.
The Court AFFIRMED Orehuela's conviction in Criminal Case No. 6021 for murder qualified by treachery and the corresponding sentence and civil indemnity.
The Court REVERSED the conviction of Anecito Cañizares in Criminal Case No. 6021 and ACQUITTED him of murder for lack of proof beyond reasonable doubt.
Keywords
G.R. No. 108780-81, PEOPLE OF THE PHILIPPINES v. MODESTO OREHUELA and ANECITO CAÑIZARES, Joint Decision, Criminal Cases, murder, Article 248 of the Revised Penal Code, qualified illegal possession of firearm and ammunition, Presidential Decree No. 1866, Judicial Review, conspiracy, treachery, RECLUSION PERPETUA, indemnity, subsidiary imprisonment, demurrer to the evidence, alibi, reasonable doubt, prima facie evidence, constitutional right to innocence, ntilde