Case Digest (G.R. No. 88189)
Facts:
In People of the Philippines vs. Tiburcio Abalos, G.R. No. 88189, decided on July 9, 1996, an information dated April 21, 1983 charged Tiburcio Abalos, alias “Ewet,” before the Regional Trial Court, Branch 27, Catbalogan, Samar, with the complex crime of direct assault with murder. The complaint alleged that on the night of March 20, 1983, during the barangay fiesta in Canlapwas, Catbalogan, the accused, with evident premeditation and treachery and knowing that Police Patrolman First Class Sofronio Labine was an agent of a person in authority, struck him from behind on the head with a piece of wood, inflicting a fatal skull fracture. At arraignment on June 7, 1983, Abalos pleaded not guilty. The sole prosecution witness, farmer Felipe Basal, narrated how he saw the quarrel between Abalos and his father, Police Major Cecilio Abalos; heard a woman call for help; observed Labine approach; and then be clubbed by Tiburcio with a wood plank. The accused testified that in a mistake ofCase Digest (G.R. No. 88189)
Facts:
- Procedural History
- On April 21, 1983, the Regional Trial Court (RTC) of Catbalogan, Samar, Branch 27, received an information charging Tiburcio Abalos with direct assault with murder of Pfc. Sofronio Labine.
- Appellant pleaded not guilty at arraignment on June 7, 1983.
- After trial, on February 3, 1989, the RTC convicted him, sentencing him to “life imprisonment” (with accessories), ordering payment of ₱30,000 death indemnity, ₱2,633 actual and compensatory damages, ₱15,000 moral damages, and costs. Appellant appealed.
- Factual Antecedents
- On March 20, 1983, at about 8:00 P.M., during the barangay fiesta in Canlapwas, Catbalogan, Major Cecilio Abalos (appellant’s father) quarreled with his employees. A bystander, Felipe Basal, was drinking nearby under a lamp post.
- A woman cried for help; Pfc. Sofronio Labine, in INP uniform, intervened. Appellant fetched a wooden club (2"×3"×36") from a nearby vehicle and struck Labine on the right parietal area from behind, causing a fatal skull fracture. Basal and his wife fled; Labine died.
- Defense Version and Trial Court Findings
- Appellant testified he genuinely believed an NPA member was attacking his father, so he used the wood to defend him, fled fearing reprisals, and surrendered the next day upon learning the victim’s identity.
- The RTC rejected this as self-serving and inherently incredible, credited Basal’s clear, positive eyewitness account, and held appellant guilty beyond reasonable doubt.
Issues:
- Whether the trial court erred in accrediting the sole prosecution eyewitness and rejecting the defense.
- Whether the absence of the woman who called for help rendered the testimonial evidence insufficient.
- Whether the prosecution failed to meet the quantum of evidence required for conviction.
- Whether treachery was improperly found and voluntary surrender improperly ignored.
- Whether the conviction for the complex crime of direct assault with murder was unwarranted.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)