Case Digest (G.R. No. 133918)
Facts:
People of the Philippines v. Tiboy Albacin, G.R. No. 133918, September 13, 2000, First Division, Puno, J., writing for the Court. The accused-appellant, Tiboy Albacin, was charged by information on March 10, 1994 with (1) murder in Criminal Case No. 33,512-94 for the killing of Teresita G. Navarro on December 31, 1993, and (2) frustrated murder in Criminal Case No. 33,513-94 for the shooting and wounding of her husband, Florencio S. Navarro, on the same occasion.The prosecution’s narrative was that on the evening of December 31, 1993 the Navarro couple and their daughters were walking to church along a narrow path in Lasang when gunshots rang out. Florencio heard a shot, turned, and found his wife Teresita lying on the ground; he saw Albacin approaching from the place where his wife fell, and then Albacin and another man fired at Florencio, wounding his hand and chest. Medical and medico-legal testimony established that Teresita died of a gunshot wound to the head fired within two feet, and Florencio suffered a penetrating wound to the right hand and a grazing chest wound. Florencio initially did not identify his assailant, later—after a few days and under the urging of his daughter—identified Albacin and executed an affidavit; other family members corroborated knowledge of a prior animus between the families.
Albacin testified that he had been serving as a cook with the 75th Infantry Battalion camped in Cacao on December 31, 1993, and described activities at the camp (preparing food and drinking with soldiers) that he said placed him away from Lasang. Several soldier-witnesses testified to his presence at camp at various times; the testimony as to times and distances was inconsistent, and rebuttal witnesses and evidence showed that Cacao and Lasang were not so remote as to make travel between them impossible.
The trial court found Albacin guilty beyond reasonable doubt of murder (Criminal Case No. 33,512-94) and frustrated murder (Criminal Case No. 33,513-94), sentenced him (murder to reclusion perpetua; frustrated murder to an indeterminate term in prision cor...(Subscriber-Only)
Issues:
- Was the conviction of Albacin supported by proof beyond reasonable doubt, particularly as to the reliability of Florencio Navarro’s identification?
- Did the killing of Teresita Navarro involve treachery, thereby qualifying it as murder rather than homicide?
- Did the wounds inflicted on Florencio Navarro constitute frustrated murder, or should the offense be classified as attempted homicide/attempted murder?
- Were the awards of civil indemn...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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