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nent offense, the accused can be convicted of the other. In rape with
homicide, in order to be convicted of murder in case the evidence
fails to support the charge of rape, the qualifying circumstance must
be sufficiently alleged and proved. Otherwise, it would be a denial
of the right of the accused to be informed of the nature of the
offense with which he is charged. It is fundamental that every
element of the offense must be alleged in the complaint or
information. The main purpose of requiring the various elements of
a crime to be set out in an information is to enable the accused to
suitably prepare his defense. He is presumed to have no
independent knowledge of the facts that constitute the offense.
Same; Same; Same; Same; An accused cannot be convicted of an
offense higher than that with which he is charged in the complaint
or information under which he is tried.In the absence then in the
information of an allegation of any qualifying circumstance,
GALLARDE cannot be convicted of murder. An accused cannot be
convicted of an offense higher than that with which he is charged
in the complaint or information under which he is tried. It matters
not how conclusive and convincing the evidence of guilt may be, but
an accused cannot be convicted of any offense, unless it is charged
in the complaint or information for which he is tried, or is
necessarily included in that which is charged. He has a right to be
informed of the nature of the offense with which he is charged
before he is put on trial. To convict an accused of a higher offense
than that charged in the complaint or information under which he
is tried would be an unauthorized denial of that right.
Same; Same; Circumstantial Evidence; The absence of direct
evidence does not necessarily absolve an accused from any criminal
liability.Direct evidence of the commission of a crime is not the
only matrix wherefrom a trial court may draw its conclusion and
finding of guilt. The prosecution is not always tasked to present
direct evidence to sustain a judgment of conviction; the absence of
direct evidence does not necessarily absolve an accused from any
criminal liability. Even in the absence of direct evidence, conviction
can be had on the basis of circumstantial evidence, provided that
the established circumstances constitute an unbroken chain which
leads one to one fair and reasonable conclusion which points to the
accused, to the exclusion of all others, as the guilty person, i.e., the
circumstances proved must be consistent with each other, consistent
with the hypothesis that the accused is guilty, and at the same time
inconsistent with any other hypothesis except that of guilty.
837
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837
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838
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839
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TALAN.
________________
Spelled GALLARDI in the Information but corrected, upon order of
the trial court made in open court on 17 December 1997 when accused
told the court that his surname is GALLARDE (TSN, 17 December 1997,
5).
2
Rollo, 12.
840
840
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841
841
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22).
Back in the field, Virginia Fernandez tripped on a wet ground.
As she reached for her slipper, she saw Edithas right foot slipper
(the other one was earlier found near the house of appellant) (Id.,
pp. 23-24).
Around 3 meters farther from Edithas right foot slipper; another
slipper was found. It was old, 8 to 9 inches in length and appellant
was seen wearing it in the morning of that day (TSN dated Sept.
25, 1997, p. 25).
The searchers, thereafter, noticed disheveled grasses. Along the
way, they saw a wide hole among the disheveled grass. Exkagawad
Fernandez accidentally dropped the lighted rubber tire and as his
nephew Freddie picked it up, the latter exclaimed: Uncle, look at
this loose soil! Ex-kagawad Fernandez forthwith scratched some
earth aside and then Edithas hand pitted out. The Fernandez
screamed in terror (Id., pp, 5-6).
842
842
On the other hand, GALLARDE was the lone witness for the
defense. He interposed a denial and the alibi that he was at
home with his mother and brothers at the time the crime
occurred. He declared that he is 18 years old, single, a
former construction worker. He knew EDITHA, a neighbor
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Rollo, 76-83.
843
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Rollo, 7-13.
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court decreed:
WHEREFORE, his guilt having been established beyond a
reasonable doubt, the Court hereby convicts the accused RADEL
GALLARDE Y HERMOSA of the crime of MURDER, and sentences
him to suffer the penalty of reclusion perpetua and to indemnify the
9
heirs of the late Editha Talan in the negotiated sum of P70,000.00.
10
Supra note 1.
Rollo, 47.
10
OR I, 142-144.
11
Id., 146.
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Rollo, 57.
13
See People v. Penillos, 205 SCRA 546, 564 (1994); People v. Sequio,
15
16
People v. Ramos, 296 SCRA 559, 576 (1998), citing Balitaan v. CFI
846
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Ibid., citing Matilde, Jr. v. Jabson, etc., et al., 68 SCRA 456 (1975).
18
19
People v. Lopez, G.R. No. 131151, 25 August 1999, 313 SCRA 114.
847
847
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People v. Tiozon, 198 SCRA 368 (1991); People v. Garcia, 215 SCRA
Section 4, Rule 133, Rules of Court; People vs. Abrera, 283 SCRA 1
(1997).
22
848
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849
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Rollo; 44-46.
24
People v. Tismo, 204 SCRA 535. [1991]; People v. Yabut, G.R. No.
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850
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25
670.
851
851
27
People v. Olvis, et al., G.R. No. 71092, 154 SCRA 513 (1987).
28
SCRA 455 (1994); People v. Rondero, G.R. No. 125687, 9 December 1999,
320 SCRA 383.
29
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30
31
32
U.S. v. Salas, 25 Phil. 337 (1913); U.S. v. Zara, 42 Phil. 308 (1921).
33
852
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________________
34
35
36
37
853
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38
39
People v. Gayon, 269 SCRA 587 (1997); People v. Patalin, Jr., et al.,
Alshaika, 261 SCRA 637, 646 (1996); People v. Naguita, et al., G.R. No.
130091, 30 August 1999, 313 SCRA 292.
41
186.
854
854
son to falsify
or perjure their testimonies should be given
42
credence.
With respect to GALLARDEs claim that he was arrested
without warrant, suffice it to say that any objection, defect,
or irregularity attending43 an arrest must be made before the
accused enters his plea. The records show no objection was
44
ever interposed prior to arraignment and trial.
GALLARDEs assertion that he was denied due process by
virtue of his alleged illegal arrest is negated by his
voluntary submission to the jurisdiction of the trial court, as
manifested by the voluntary and counsel-assisted plea he
entered during arraignment
and by his active participation
45
in the trial thereafter. It is settled that any objection
involving a warrant of arrest or procedure in the acquisition
by the court of jurisdiction over the person of an accused
must be made before he 46enters his plea, otherwise the
objection is deemed waived. It is much too late in the day to
complain about the warrantless arrest after a valid
information had been filed and the accused arraigned and
trial commenced and completed
and a judgment of
47
conviction rendered against him. Verily, the illegal arrest
of an accused is not sufficient cause for setting aside a valid
judgment rendered upon a sufficient complaint after trial
free from error; such arrest does
not negate the validity of
48
the conviction of the accused.
Homicide, which we find to be the only crime committed
by GALLARDE, is defined in Article 249 of the Revised
Penal Code and is punished with reclusion temporal. In the
absence of any modifying circumstance, it shall be imposed
in its medium period. GALLARDE is entitled to the benefits
of the
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_________________
42
44
People v. Patalin, Jr., et al., G.R. No. 125539, 25 July 1999, 311
SCRA 186.
45
46
47
48
855
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