Case Digest (G.R. No. 70255)
Facts:
This is People of the Philippines v. Wilbur Aboga y Evangelista alias "Willy", G.R. No. 70255, January 29, 1987, Supreme Court Second Division, Gutierrez, Jr., J., writing for the Court. The prosecution was the People of the Philippines; the accused-appellants named in the information included Wilbur Aboga (appellant here), Rodolfo Navarra (alias Boy Britanico) and another referred to as Little Boy (alias Boy Ilongo).The Regional Trial Court (Quezon City, Branch 89) convicted Wilbur Aboga of murder and sentenced him to reclusion perpetua, ordering indemnities (originally set at P12,000 compensatory; P10,000 moral; P1,200 funeral expenses) and costs. The information alleged that on or about 22 August 1979 the accused, in conspiracy and with evident premeditation and taking advantage of superior strength, hacked Emiterio Roquid with bolos, inflicting mortal wounds that caused his death.
The trial court found the following narrative: on the evening of 21 August 1979 a drinking session occurred at the store of Ricardo Aboga (father of Wilbur). An argument arose between Rodolfo Navarra and Emiterio Roquid over a cards game; Navarra was boxed by Reynaldo Pantinople. Navarra left, later returned; at about midnight three persons—Navarra, Little Boy, and Wilbur Aboga—arrived at Pantinople’s house armed with bolos. Reynaldo and his wife Luzviminda, who had been sleeping on the porch, awoke and observed at close range (Reynaldo one arm’s length, Luzviminda about two arm’s lengths) the three hacking Roquid while he lay on the porch. Neighbors took Roquid to the hospital where he was declared dead on arrival on 22 August 1979.
A medico-legal necropsy (Exhs. C, C-1; sketches D–D-13) documented multiple hacked and incised wounds to head, neck, trunk and extremities, fractures and amputation of a thumb; cause of death was cardio-respiratory arrest due to shock and hemorrhage from multiple injuries. At trial, the Pantinoples positively and promptly identified the three assailants; the defense presented an alibi through Wilbur and his father that he was asleep at their house (about 500 meters from Pantinople’s) at the time. The trial court credited the prosecution witnesses, found motive and opportunity, and convicted.
Appellant Wilbur...(Subscriber-Only)
Issues:
- Did the trial court commit reversible error in crediting the prosecution witnesses’ positive identification of appellant Wilbur Aboga as one of the attackers?
- Did the trial court err in finding appellant Wilbur Aboga guilty despite his alibi and alleged weak...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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