G.R. No. 128607 - Mallari Sr. vs. Court of Appeals

On the morning of June 24, 1989, at around 4:00 AM, Julieto Malaspina and his companions were at a benefit dance at Dump Site, Tudela, Trento, Agusan del Sur.
Petitioner Alejandro Fuentes, Jr., approached Malaspina, commented on his haircut, and suddenly stabbed him in the abdomen with a hunting knife.
Malaspina fell and before dying, identified Alejandro Fuentes, Jr. as the assailant.

Dr. Porfirio L. Salubre conducted the autopsy on July 24, 1989, and reported that Malaspina died due to a stab wound at the left lumbar region with penetration of intestines.

Petitioner alleged that it was his cousin, Zoilo Fuentes, Jr. (alias "Jonie"), who stabbed Malaspina.
He claimed he was talking with “Jonie” when the incident occurred and fled upon hearing threats against people from San Isidro.
Petitioner said he sought refuge in his brother’s house, where “Jonie” admitted stabbing Malaspina in retaliation for a boxing match incident, and then escaped through a window.
Petitioner was arrested on the morning of June 24, 1989, while in a store in the barangay.

The Regional Trial Court of Prosperidad, Agusan del Sur, convicted petitioner for murder qualified by treachery.
Sentence: an indeterminate prison term of 10 years and 1 day of prision mayor to 17 years and 4 months of reclusion temporal.
Monetary awards: P50,000.00 indemnity to the heirs of Malaspina and P8,300.00 as actual damages plus costs.

The Court of Appeals affirmed the conviction.
Petitioner urged error in his positive identification by witnesses and challenged the actual damages award.
Petitioner highlighted a discrepancy between eyewitness testimonies (stabbing on right lumbar region) and medical report (left lumbar region).
Petitioner also relied on the alleged confession of Zoilo Fuentes, Jr., claiming it should exonerate him under the exception to the hearsay rule.

Three prosecution witnesses positively identified petitioner as the knife wielder; all knew him well and had no motive for false testimony.
Petitioner’s own witness, Nerio Biscocho, testified that "Jonie" Fuentes and Alejandro Fuentes, Jr. were in fact the same person, casting doubt on petitioner’s defense.

Felicisimo Fuentes, uncle to both, testified that Zoilo verbally admitted killing Malaspina and showed the knife used, requesting help for legal matters.
Zoilo fled following the alleged confession.
P/Sgt. Benjamin Conde, Jr., upon investigation, was informed Zoilo had fled and was unavailable for arrest or testimony.

Whether the identification of petitioner as the killer is reliable despite the conflicting testimony about the stabbing location.
Whether the alleged confession of Zoilo Fuentes, Jr. is admissible as an exception to the hearsay rule, thereby exonerating petitioner.
Whether the penalty imposed on petitioner is correct.
Whether the award of P8,300.00 as actual damages is supported by sufficient evidence.