Case Digest (G.R. No. 117501)
Facts:
In Edmundo Escamilla y Jugo v. People of the Philippines (G.R. No. 188551, decided November 11, 2013 under the 1987 Constitution), petitioner Escamilla, proprietor of a sari-sari store on Arellano Street, Manila, was charged with frustrated homicide for shooting tricycle driver Virgilio Mendol four times on August 1, 1999 at about 2:00 a.m. at the corner of Estrada and Arellano Streets. The fatal blow struck Mendol’s upper right chest, but he survived due to prompt medical attention at Ospital ng Makati. On December 1, 1999, the Manila Assistant City Prosecutor indicted Escamilla under Articles 249 and 50 of the Revised Penal Code. At trial, the prosecution presented three eyewitnesses—Mendol, Joseph Velasco, and Iluminado Garcelazo—who positively identified Escamilla as the shooter, plus medical testimony, a crime-scene sketch, medical certificates, and receipts. The defense sought an ocular inspection, offered petitioner’s testimony, that of his wife, barangay tanod George AsuCase Digest (G.R. No. 117501)
Facts:
- Context and Parties
- Petitioner Edmundo Escamilla y Jugo owns a house with a sari-sari store along Arellano Street, Manila.
- Victim Virgilio Mendol is a tricycle driver whose route passes by petitioner’s store.
- Incident
- On August 1, 1999 at around 2:00 a.m., a brawl occurred at the corner of Estrada and Arellano Streets.
- Petitioner, standing in front of his store about 30 meters from Mendol, shot the latter four times with a .9 mm Tokarev pistol, hitting him once in the upper right chest.
- Medical Aid and Criminal Information
- Mendol was rushed to Ospital ng Makati, treated for a non-exit chest wound, and survived.
- On December 1, 1999, the Manila Assistant City Prosecutor filed an Information charging petitioner with frustrated homicide.
- Trial Proceedings and Appeals
- At trial, prosecution presented eyewitnesses Mendol, Joseph Velasco, and Iluminado Garcelazo, plus medical certificates and receipts.
- Defense invoked alibi, presenting petitioner’s wife, Barangay Tanod George Asumbrado, a negative paraffin test, and an ocular inspection transcript.
- The RTC convicted petitioner of frustrated homicide, sentencing him to an indeterminate term of 6 months–1 day to 8 years–1 day and ordering indemnities.
- The CA affirmed both the conviction (November 10, 2008) and the denial of motion for reconsideration (June 10, 2009).
- Petitioner filed a Petition for Review on Certiorari before the Supreme Court, assailing the weight given to positive identification over alibi.
Issues:
- Whether the prosecution established petitioner’s guilt beyond reasonable doubt.
- Whether an alibi, when corroborated by a disinterested party, overcomes positive identification by three witnesses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)