Title
Abuyen vs. People
Case
G.R. No. 143937
Decision Date
Dec 5, 2001
Intoxicated Serafin Abuyen resisted arrest, attacked officer SP02 Fabillar, was shot in the foot. Courts upheld conviction for Direct Assault, citing credible evidence and proper judicial conduct.
credibility of witness
witness testimony
conviction
A

Case Digest (G.R. No. 143937)

Facts:

  • Background of the Case
    • Serafin Abuyen, the petitioner, filed a petition for review on certiorari challenging his conviction for the crime of Direct Assault, as rendered by the Court of Appeals in CA-G.R. CR No. 23097.
    • The petition also sought to reverse the resolution denying his motion for reconsideration, contesting both the conviction and the penalty imposed.
  • The Commission of the Crime
    • The incident occurred on or about 1:30 in the morning on May 15, 1995, at Del Remedios Street, Poblacion, Giporlos, Eastern Samar.
    • According to the Information, petitioner, allegedly under the influence of liquor and armed with a long, sharp-pointed bolo (sundang), seriously resisted dropping his weapon and, with the intent to kill, hacked SP02 Aquilino A. Fabillar with his bolo. The attack nearly struck Fabillar’s person, missing him by only about two inches, and would have continued had a shot fired by the police not struck the petitioner’s right foot.
    • The incident also involved alleged resultant damage to the police officer, with the claim that monetary compensation be awarded under the provisions of the Civil Code of the Philippines.
  • Pretrial Movements and Trial Proceedings
    • Prior to arraignment, petitioner filed a motion for the inhibition of the presiding judge at the 9th Municipal Circuit Trial Court (MCTC) based on the contention that the judge had a personal connection to the principal witness, SP02 Aquilino Fabillar (being his nephew and a sponsor at Fabillar’s wedding).
      • The presiding judge denied the motion, ruling that the relationship did not fall under the grounds for mandatory inhibition as enumerated in Rule 137 of the Rules of Court since Fabillar was a witness, not the complainant, and the matter was within the court’s exclusive jurisdiction.
    • At arraignment, petitioner pleaded “not guilty”. Trial proceedings ensued where:
      • The prosecution’s evidence was primarily based on the testimonies of SP02 Aquilino Fabillar and SP01 Oscar Padua.
      • Testimonies detailed that the police officer, while at his residence preparing for his children’s departure, heard the accused shouting and challenging passersby.
      • According to the prosecution, when Officer Fabillar intervened, an altercation erupted whereby the accused brandished the bolo and refused to drop it, leading to an exchange in which warning shots were fired; ultimately, a shot hit the petitioner’s right foot during a subsequent confrontation.
      • Physical evidence, including the bolo (marked exhibit “B”) and a rubber sandal allegedly left behind by the accused, were presented at trial.
    • Petitioner’s account disputed the prosecution’s narrative:
      • He claimed that on the evening of May 14, 1995, he had been involved in a drinking session with companions which included SP02 Aquilino Fabillar.
      • Petitioner asserted that the altercation was instigated when Fabillar, harboring a personal grudge—attributed to political rivalry during the 1995 local elections—confronted him aggressively.
      • He contended that when Fabillar attempted to draw his service gun, petitioner fled in fear and was subsequently pursued; it was during this flight along Fabillar Street that Fabillar shot petitioner in the right foot.
      • Petitioner further argued that Fabillar’s testimony was self-serving and marred by inconsistencies, aimed at covering up his own improper conduct.
  • Judicial Decisions at Lower Levels
    • The MCTC found petitioner guilty beyond reasonable doubt of Direct Assault under Article 148 of the Revised Penal Code.
      • The sentence imposed was an imprisonment between the minimum of Prision Correccional medium and maximum of Three (3) Years, Six (6) Months and Twenty-One (21) Days, a fine of Five Hundred Pesos (P500.00), and subsidiary imprisonment in case of insolvency.
      • The bolo was declared forfeited and subject to disposal in favor of the government.
    • On appeal, the Regional Trial Court (RTC) affirmed the conviction.
    • The Court of Appeals (CA) similarly affirmed the conviction, modifying only the penalty by imposing an indeterminate penalty ranging from Arresto Mayor (a minimum of four months and one day) up to the previously imposed maximum sentence.
  • Issues Raised in the Petition
    • Petitioner contended that the trial court erred in convicting him based on what he described as a paucity of solid and convincing evidence against him.
    • He challenged the credibility of Officer Fabillar, alleging that the witness’s testimony was tainted by personal animosity and self-interest.
    • Additionally, petitioner reiterated the issue of judicial bias by contesting the presiding judge’s decision not to inhibit himself, asserting that the relationship between the judge and Fabillar should have mandated his recusal.
  • Final Developments Prior to Supreme Court Review
    • Petitioner elevated the case to the Supreme Court, alleging grave errors in the evaluation of evidence and improper judicial conduct concerning the inhibition issue.
    • The petition also emphasized his constitutional right to be presumed innocent until proven guilty beyond reasonable doubt.
    • Notably, petitioner had not raised the issue of judicial inhibition in his appeal to the RTC, which compounded the legitimacy of the lower courts’ findings.
  • Ultimate Outcome
    • The Supreme Court ultimately denied the petition for review.
    • The denial was grounded on the principle that trial courts are best positioned to evaluate witness credibility and that their findings, if not arbitrary or affected by misapprehended facts, are entitled to deference.
    • The court also held that the issue of judicial inhibition was raised too late, as petitioner failed to timely seek appropriate relief on that matter, thereby affirming the decisions of the lower courts in toto.

Issues:

  • Whether the presiding judge’s refusal to inhibit himself, despite the alleged familial relationship with a key witness, constituted an error warranting reversal of the conviction.
    • The issue revolved around the proper application of Rule 137 of the Rules of Court regarding mandatory inhibition.
    • It also questioned whether the connection between the presiding judge and SP02 Aquilino Fabillar was sufficient to suggest a lack of impartiality.
  • Whether the evidence presented by the prosecution was substantial and convincing enough to support a conviction for Direct Assault beyond reasonable doubt.
    • This included the assessment of the physical evidence (bolo and rubber sandal) and the testimonies of the police officers involved.
    • The petitioner’s argument that the testimony of Fabillar was self-serving and inconsistent was also central to this issue.
  • Whether the trial court erred in giving undue weight to the positive assertions of the prosecution and dismissing the petitioner’s denials without presenting strong contradicting evidence.
    • The issue underscored the judicial deference granted to the trial court’s findings on witness credibility and factual determinations.
  • Whether the petitioner’s constitutional right to be presumed innocent until proven guilty was violated due to the alleged paucity of solid and convincing evidence against him.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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