Case Digest (G.R. No. 116196-97)
Facts:
In People of the Philippines vs. Pablo Adoviso, G.R. Nos. 116196–97, decided on June 23, 1999 under the 1987 Philippine Constitution, appellant Pablo Adoviso, an alleged member of the Citizens Armed Forces Geographical Unit (CAFGU), was charged before the Regional Trial Court of Camarines Sur, Branch 31, with two counts of Murder (Rufino Agunos in Criminal Case No. P-2079 and Emeterio Vasquez in Criminal Case No. P-2080) committed on February 18, 1990 at about 8:00 p.m. in Sitio Tan-agan, Barangay Casugad, Municipality of Bula, Camarines Sur. According to the information, appellant and four unidentified masked men, conspiring with intent to kill, shot Rufino Agunos several times inside a camalig and then pursued and shot 88-year-old Emeterio Vasquez as he descended the stairs, causing their deaths. The defense of alibi and denial was interposed. At the joint trial, Bonifacio Vasquez and his son Elmer positively identified appellant—unmasked and holding a long firearm—as among thCase Digest (G.R. No. 116196-97)
Facts:
- Procedural Background
- Appellant Pablo Adoviso was charged with two counts of Murder in Criminal Case Nos. P-2079 (Rufino Agunos) and P-2080 (Emeterio Vasquez) before RTC Branch 31, Camarines Sur.
- The informations allege that on February 18, 1990 at about 8:00 PM in Sitio Tan-agan, Barangay Casugad, Bula, Camarines Sur, appellant and four unnamed companions, armed with long firearms, conspired to kill the victims with evident premeditation and treachery.
- Prosecution Evidence
- Eyewitness Testimonies
- Bonifacio Vasquez hid about eight meters away behind a coconut tree, saw appellant unmasked, recognized him by build and long hair, and witnessed him fire a sack-wrapped long firearm at both victims under gas-lamp illumination inside the bamboo camalig.
- Elmer Vasquez saw five armed men (four masked, one unmasked—appellant), observed the shooting through bamboo slats, and fled after being fired upon.
- Scene Description
- Two adjacent structures: a camalig (elevated bamboo hut with horizontal slats) and a nearby house eight meters away.
- Illumination by a gas lamp placed inside the camalig and another lamp carried by Emeterio as he descended the stairs.
- Medical Certification
- Defense Evidence
- Alibi
- Denial and Polygraph
- Police certification by Pfc. Ramon N. Canabe stated the assailants were “unidentified armed men.”
- NBI Examiner Ernesto Lucena’s polygraph report showed no deception reactions on appellant’s part.
- Trial Court Decision
- On March 25, 1994, RTC Branch 31 rendered Joint Judgment finding appellant guilty beyond reasonable doubt of two counts of Murder with treachery.
- Penalties imposed: reclusion perpetua for each count; ₱50,000 civil indemnity to each victim’s heirs; accessory penalties and costs.
Issues:
- Eyewitness Identification
- Whether positive identification under nighttime conditions with gas-lamp illumination and bamboo slats was credible.
- Whether prior acquaintance between appellant and witnesses affected reliability.
- Alibi and Other Exculpatory Evidence
- Whether appellant’s alibi sufficiently proved physical impossibility of his presence at the crime scene.
- Whether the police certification and polygraph results should exonerate appellant.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)