People v.
Galvez (Short title)
G.R. No. 157221 | | March 30, 2007
Appellee: PEOPLE OF THE PHILIPPINES
Appellant: CESAR GALVEZ
DOCTRINE
While in criminal cases, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt. HOWEVER, the accused should be given
an opportunity to explain that the compromise was not admission of guilt.
FACTS
1. On July 27, 1991, at around 11PM, Rosalio Enojarda, together with his co-
worker, took a brak from making copra to eat dinner. When Enojard stood up
to drink water, he was shot and later died.
2. An information for murder was filed against Cesar Galvez, a member of
PNP.
3. The prosecution presented evidence showing that after Enojarda fell, the
rest of the group took cover and Rellios while in a crawling position, saw
Galvez about 5 meters away holding an armalite rifle and firing at their
direction.
4. Galvez, as his defenses, he testified that he was staying at his father-in-law’s
house on July 27, 1991 and drank tuba at around 10:30 p.m. at a nearby
store.
5. Galvez also presented a Forensic Analyst of PNP Crime Lab, who testified
that the paraffin test conducted on both his hands showed that there was no
nitrate present.
6. A Ballistic Examiner was also presented by Galvez, who testified that the
shells found at the scene of the crime were not fired from the firearm issued
to Galvez.
7. RTC convicted Galvez for murder.
a. Since this accused, Cesar Galvez, has not fired his M16 armalite
rifle on that night of July 27, 1991, and those five empty shells were
not fired from his armalite, but came from the gun fired by any of
the 3 unidentified persons who were the companions of the Galvez
at the night of the incident.
b. Thus, Galvez was stripped of all the military ranks he now hold in
the Armed Forces of the Philippines.
8. CA affirmed the decision but lowered the penalty.
Hence, this petition.
Galvez Contention:
- the statement of the trial court that the offer of the accused to have the case extra-
judicially settled is a tacit admission of guilt is unsubstantiated as there is nothing in
the records that shows that the accused made an offer to settle the case out of court.
ISSUE/S
1. W/N the alleged extra-judicial settlement offered by Galvez is a tacit admission of
guilt.
RULING & RATIO
- NO
1. While the Court agrees that in criminal cases, an offer of compromise by the
accused may be received in evidence as an implied admission of guilt, such
principle is not applicable in this case.
2. The only basis of the RTC in concluding that Galvez made on offer of
compromise is when Galvez appeared together with the wife of Enorjado
and manifested that there is a possibility of understanding and settlement
between the parties.
a. HOWEVER, Galvez’s supposed offer of compromise was not
formally offered and admitted as evidence during the trial. The
victim’s widow or any prosecution witness did not testify on any
offer of compromise made by Galvez.
3. Thus, the Court ruled that when the evidence on the alleged offer of
compromise is amorphous, the same shall not benefit the prosecution
in its case against the accused.
4. In People v. Godoy, the court ruled:
a. accused is permitted to show that the offer was not made under a
consciousness of guilt, but merely to avoid the inconvenience of
imprisonment which would justify a claim by the accused that the
offer to compromise was not in truth an admission of guilt.
5. Galvez was not given the opportunity to explain that it was given for
some other reason that would justify a claim that it was not an admission of
guilt or an attempt to avoid its legal consequences.
6. the presumption of innocence of Galvez prevails over the alleged implied
admission of guilt.
DISPOSITION
WHEREFORE, the Decision of the Regional Trial Court, Isabela, Basilan, Branch 1 in
Criminal Case No. 1816 dated February 2, 1995 and the Decision of the Court of
Appeals in CA-G.R. CR No. 18255 dated March 30, 2001 are REVERSED and SET
ASIDE. The accused-appellant Cesar Galvez is hereby ACQUITTED on the ground
that his guilt was not proven beyond reasonable doubt. The Director of the Bureau of
Corrections is ordered to cause the immediate release of Cesar Galvez unless he is
being lawfully held for another crime and to inform this Court accordingly within ten
(10) days from notice.
Page 1 of 1