October 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 182685 : October 22, 2008]
THE PEOPLE OF THE PHILIPPINES V. JASON GA
G.R. No. 182685 (The People of the Philippines v. Jason Ga). - The Regional Trial Court (RTC) of Bugasong, Antique convicted appellant Jason Ga of murder[1] for the killing of Andresko Villavert, Jr. with the qualifying circumstance of evident premeditation.
Appellant executed an extra-judicial confession and a waiver of rights at the Public Attorney's Office with the assistance of a counsel of his choice, Atty. Antonio Alcantara, and subsequently affirmed his extra-judicial confession and confirmed his participation in the crime during the preliminary investigation before Judge Monina Misajon of the Municipal Trial Court of San Jose, Antique. He even testified as the prosecution's witness during the bail hearing of Sergio Roquero narrating in detail the events that transpired before, during, and after the killing of the victim and categorically admitted to having committed the crime. It was only during the pre-trial that appellant retracted his testimony. The prosecution's evidence showed how appellant befriended the victim and hired the latter's motorcycle to take him to his house in Patnongan, San Jose: Antique. Upon reaching Patnongan, appellant met up with Kit Doling (still at large) and told him that the victim was already in appellant's house. Appellant then lured the victim to Kit Doring's place as planned and shot him on the head with a .38 caliber.
On the other hand, appellant denied having participated in the commission of the crime. Appellant claimed that he was only coerced by the police into admitting the crime and to implicate Mr. Sergio Roquero as the mastermind or the one who hired him to kill the victim.
The Court of Appeals affirmed the decision of the RTC with modifications on the amount of damages awarded to the victim's family.[2]
Finding no reversible error in the assailed decision, the Court adopts the findings of fact and conclusions of law of the Court of Appeals in its 21 September 2007 Decision.[3]
WHEREFORE, the Court AFFIRMS the 21 September 2007 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 00557 finding Jason Ga guilty of murder. Costs against appellant.
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] CA rollo, pp. 46-47. The 6 February 2003 Decision was penned by Judge Rafael Penuela. The dispositive portion reads as follows:
In view thereof, the court finds the following:
1. Accused JASON B. GA guilty of the offense of Murder qualified by evident premeditation and in the presence of mitigating circumstance of plea of guilty, he is hereby sentenced to RECLUSION PERPETUA and the accessories thereof. He is ordered to indemnify the heirs of Andresito Villavert the sum of P50.000.00. for his
death.
2. Accused SERGIO ROQUERO is ACQUITTED for failure of the prosecution to prove his guilt. The bailbond posted for his temporary liberty is cancelled.
3. The case against KIT GORING aka PADOSIA GUZMAN aka PADOS is sent to the ARCHIVE.
SO ORDERED.
[2] Rollo, p. 17. The 21 September 2007 Decision was penned by Associate Justice Isaias Dicdican. and concurred in by Associate Justices Antonio Villamor and Stephen Cruz. The dispositive portion of the decision reads as follows:
WHEREFORE, premises considered, the Decision dated February 6- 2003 of the Regional Trial Court of Bugasong Antique, Branch 64, in Criminal Case No. 0472 finding accused-appellant Jason Ga guilty beyond reasonable doubt of the crime of murder is AFFIRMED WITH MODIFICATION. Aside from the award of civil indemnity of P50,000.00. accused-appellant is further ordered to pay the heirs of the victim the additional amounts of P50:000.00 as moral damages and P25.000.00 as exemplary damages.
SO ORDERED.
[3] The RTC committed a harmless error when it considered as present the mitigating circumstance of plea of guilty in favor appellant when he in fact pleaded not guilty during the arraignment.
