People v. JorolanQuisumbing, J.; June 23, 2003

I. Facts

Sergio Jorolan was charged with murder and rape with homicide for the death of 12 year-old Leonil Jimenez and the rape and killing of 15 year-old Rodelyn Roxas.

The incident happened at about 2 pm of Nov. 19, 1997, in the residence of Leonil’s older brother Joselito in Marikina Heights, Marikina City. The owners of the house (Joselito and his wife Sherryl) and Leonil were away. Sergio Jorolan worked for the Jimenezes as a helper.

At about 2:00 PM, Rodelyn was shot to death. 15 minutes later, Leonil returned to the house. He was brought to the comfort room where he was shot twice in the head, causing his instant death.

The deaths were discovered at 4:00 PM, when Sherryl and the family driver returned to the house after not hearing from Leonil and Rodelyn over the phone. Sherryl and the driver found Jorolan in the living room lying on a wooden sofa with his mouth, arms, and feet tied loosely with cloth, to the sofa armrest. He had a gunshot wound on the chest.

Everything in the house was intact, including the cabinet where Joselito’s gun was kept. It was found that Joselito’s gun was the murder weapon.

Jorolan tested positive for powder burns. In his defense, he testified that the murders were committed by 2 intruders who were looking for Joselito Jimenez. The intruders allegedly searched the house for valuables and demanded money from Jorolan, which he was unable to give. Jorolan alleged that the intruders mauled him, and killed Rodelyn when she tried to run away. He also alleged that it was the intruders who led Leonil into the comfort room, but that he did not see how Leonil was shot. After Leonil and Rodelyn were killed, the intruders tied Jorolan down and shot him in the upper right chest. He also asserted that the Jimenezes were being threatened by some persons who had a grudge against Joselito. The rape was not proven.

Sherryl’s sister, Cherry; and a family employee, Felicidad Desamiro, testified that when Jorolan was in the hospital, he said that Leonil sustained two wounds to the head and could not have survived [contrary to Jorolan’s testimony that he only heard two shots and did not see how Leonil died]; and that when he heard that Leonil had not yet died (a lie concocted by Cherry to elicit a reaction from Jorolan), Jorolan uttered that he wished he had died.

After trial, Jorolan was found guilty of murder for the death of Leonil, aggravated by treachery and use of unlicensed firearm and was sentenced to death. He was also found guilty of homicide for the death of Rodelyn, and was sentenced to an indeterminate sentence of 12 years prision mayor as minimum to 20 years reclusion temporal as maximum. The case was elevated to the SC on automatic review.

II. Issue

1. WON Jorolan is guilty of murder and homicide - <YES>

III. Ratio

1. ON CIRCUMSTANTIAL EVIDENCEa. There was no direct evidence presented to prove Jorolan’s guilt beyond reasonable

doubt. However, SC finds that the circumstantial evidence presented was enough to establish Jorolan’s guilt as required under the Rules of Court: there was more than one

circumstance; the factual bases of the inferences are proven; and the combination of all circumstances produce Jorolan’s guilt beyond reasonable doubt.

b. The following facts prove Jorolan’s guilt:i. Leonil, Rodelyn, and Jorolan all suffered gunshot wounds

ii. The gun used in the killing was owned by Joselito, owner of the houseiii. The gun was found near the spot where Sergio layiv. Everything in the house was kept intact except for the gun, contrary to Jorolan’s

assertion that the house was ransackedv. There were no marks or contusions on Jorolan to prove his assertion that he

was mauledvi. Both his hands tested positive for gunpowder nitrates.

c. Jorolan’s statements in the hospital did not constitute res gestae because they were not uttered as a direct result of the startling incident, more than 24 hours having passed from the time of the murder to the time the statements were made. Furthermore, during that span, Jorolan had already been brought to the hospital and interviewed by the media. The statements were made only by elicitation of Cherry and Felicidad and on the false pretense that Leonil was still alive.

d. Jorolan’s defenses such as his non-flight from the crime scene; the fact that he sustained a gunshot wound; and the threats directed at the Jimenezes, were discounted by the SC.

i. Re: non-flight: People react differently to a given type of situation and there is no standard form of behavioral response to a strange or startling occurrence.

ii. Re: gunshot wounds and being tied up: Jorolan was tied up loosely and appeared to be sleeping when he was found by Sherryl Jimenez.

iii. The threats were directed at Sherryl’s mother and they could not be reasonably related to the killings.

2. ON TREACHERYa. It was established that Leonil was 12 years old at the time he was killed.b. Jurisprudence has maintained that killing of a minor is considered attended with

treachery even if the manner of attack is not shown, as children of tender age could not be expected to put up a defense.

3. ON USE OF UNLICENSED FIREARMa. This aggravating circumstance was not alleged in the information, as required in the

Revised Rules of Criminal Procedure, which should be retroactively applied to benefit Jorolan.

4. PENALTYa. For Leonil’s death: Murder is punishable by reclusion perpetua, which is imposed with

no modifications, considering the lack of any modifying circumstances.b. For Rodelyn’s death: Homicide is punishable by reclusion temporal medium. Applying

the IS Law, the penalty imposed should be 6 years and 1 day prision mayor as minimum to 14 years, 8 months, and 1 day reclusion temporal medium, as maximum.

c. P50,000 as civil indemnity for each victim, and additional P50,000 for each victim as moral damages, without need for proof.