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I. THE FACTS
Appellants were the accused perpetrators of the ambush-slay of former Chief of the
Metropolitan Command Intelligence and Security Group of the Philippine Constabulary
(now the Philippine National Police), Colonel Rolando N. Abadilla.
The principal witness for the prosecution was Freddie Alejo, a security guard
employed assigned at 211 Katipunan Avenue, Blue Ridge, Quezon City, where the ambush-
slay happened. As a purported eyewitness, he testified on what he saw during the fateful
day, including the faces of the accused.
All the accused raised the defense of alibi, highlighted the negative findings of
ballistic and fingerprint examinations, and further alleged torture in the hands of police
officers and denial of constitutional rights during custodial investigation.
The trial court however convicted the accused-appellants. The CA affirmed with
modification the decision of the trial court. The CA upheld the conviction of the accused-
appellants based on the credible eyewitness testimony of Alejo, who vividly recounted
before the trial court their respective positions and participation in the fatal shooting of
Abadilla, having been able to witness closely how they committed the crime.
1. Whether or not the trial court and CA erred in declaring the appellants guilty as
conspirators in the ambush-slay of Abadilla, the presence of treachery and evident
premeditation qualifying the killing to murder.
2. Whether or not the CA erred in imposing the penalty of reclusion perpetua without
the benefit of parole.
The trial court and CA were therefore correct in declaring the appellants guilty as
conspirators in the ambush-slay of Abadilla, the presence of treachery and evident
premeditation qualifying the killing to murder under Art. 248 of the Revised Penal
Code, as amended.
2. The CA correctly modified the death penalty imposed by the trial court. At
the time the crime was committed, the penalty for murder was reclusion
perpetua to death.
In view, however, of the passage of Republic Act No. 9346 entitled, An Act
Prohibiting the Imposition of Death Penalty in the Philippines, which was
signed into law on June 24, 2006, the imposition of the death penalty has been
prohibited. Pursuant to Section 2 thereof, the penalty to be meted to
appellants shall be reclusion perpetua.
Facts:
Herein appellant Robert Brodett was charged for the murder of Dr. April Duque, his live-in
partner, whose body was found burning on the spillway of Laoac Alacala. The sole witness
to the killing was Giobert, their five year old son, who testified in court that he saw his
father hit his mother with a hammer and thereafter stab her. Appellant was found guilty
and the aggravating circumstances of superior strength, dwelling, disrespect on account of
sex, cruelty, and scoffing at the corpse, were considered to have attended the killing of the
victim, thus the court sentenced him to death by lethal injection.
Issue:
Ruling:
The court ruled that the killing of April was attended with treachery, because the injuries
suffered by April clearly show that she did not have any chance to defend herself. The
aggravating circumstance of abuse of superior strength was also appreciated but is already
absorbed in treachery. Furthermore the court appreciated the aggravating circumstance of
outraging or scoffing at the victim’s corpse because it was burned and left on the spillway in
order to conceal the crime. The Court however did not appreciate dwelling and disrespect
on account of sex because appellant and April resided in the same house and appellant did
not deliberately intend to insult or disrespect April’s womanhood.
WHEREFORE, the Court AFFIRMED with MODIFICATION the 2 August 2005 Decision
of the Court of Appeals in CA-G.R. CR No. 00776. The Court find appellant Robert Brodett
y Pajaro guilty beyond reasonable doubt of the crime of murder, qualified by treachery and
with the attendant aggravating circumstance of outraging or scoffing at the victims corpse.
Pursuant to Republic Act No. 9346, prohibiting the imposition of the death penalty,
appellant is sentenced to suffer the penalty of reclusion perpetua without eligibility for
parole. Appellant is further ordered to pay the victims heirs P75,000 as civil indemnity,
P50,000 as moral damages, and P25,000 as exemplary damages.