Case Digest (G.R. No. 79039-41)
Facts:
In the case of People of the Philippines vs. Mamerto Alterado, Jr. and Gilberto Patagnan (G.R. Nos. 79039-41), decided on October 27, 1989, the two accused were sentenced to reclusion perpetua for murder and twenty days of imprisonment for slight physical injuries. This case stemmed from an incident that occurred at approximately 9:30 PM on July 6, 1985, in Ormoc City. Victim Victor Gaquit and his girlfriend, Maria Elizabeth "Maribeth" Maglasang, were seated outside Maribeth's house when they were attacked by two gunmen, one of whom was later identified as Bimbo Alterado, Jr. The other gunman was determined to be Gilberto Patagnan, who was armed with an Armalite rifle.
During the gunfire, Maribeth was struck multiple times and later died from a wound to her heart, while Victor sustained gunshot wounds. After the shooting ceased, Victor carried Maribeth into the house, where he observed and recognized both attackers. Witnesses, including Angelina Maurillo, corrobo
Case Digest (G.R. No. 79039-41)
Facts:
- Incident and Scene Details
- On July 6, 1985, at about 9:30 P.M., the scene was set in Ormoc City where victims Victor Gaquit and his girlfriend, Maria Elizabeth (Maribeth) Maglasang, were conversing while seated on a bamboo bench outside a house.
- The proximity of the scene was crucial: they were near Maribeth’s residence at the corner of San Pablo and Carlos Tan Streets, and close to Victor’s parked jeep.
- Two individuals arrived at the scene. One positioned himself outside the fence and the other near the jeep, setting the stage for the ensuing violence.
- A burst of gunfire commenced from an armalite rifle. Witness accounts note that after the first shot, Maribeth cried out in pain as Victor instinctively pushed her down.
- The Shooting and Immediate Aftermath
- The gunshots were successive, and following the assault:
- Victor Gaquit, despite being hit in the breast, managed to carry Maribeth toward the house, placing her near the door.
- Witnesses later identified one of the shooters as Mamerto (Bimbo) Alterado, Jr., and noted that the other, Gilberto Patagnan, was armed with an armalite rifle.
- Maribeth Maglasang was later pronounced dead at the hospital due to blood loss from a cardiac wound, with the autopsy revealing seven external wounds—four of which penetrated the thoracic cavity.
- Victor Gaquit’s injuries included a gunshot wound near his left nipple, and a metallic fragment was removed from his chest during emergency treatment.
- Eyewitness Testimonies and Evidence Gathering
- Two primary eyewitnesses, Victor Gaquit and Angelina Maurillo, served as the critical pillars of the prosecution’s case:
- Victor Gaquit recounted that he saw the two assailants approaching before the firing began, providing details on their positions and physical descriptions.
- Angelina Maurillo testified that she was about twenty meters away when she observed the suspects passing by, positioning themselves near the target area and then firing, and later hurriedly walking towards Carlos Tan Street.
- Additional observations by Federico Castillo and customers at a local store contributed to the investigation:
- Federico Castillo noticed individuals scampering away and later identified the suspects jogging by his residence.
- Customers at Emma Dawal’s store observed two persons entering an apartment at the corner of Lopez Jaena and Arradaza Streets, which was later confirmed to be the apartment rented by Alterado.
- The police response:
- Officers Mayote and Sgt. Abbas were alerted and followed the trail provided by witnesses.
- Upon arriving at the apartment, the police received cooperation from the wife of Bimbo Alterado, who indicated that the accused were not inside, though a magazine of an M-16 rifle was discovered on the premises.
- Later that night, appellant Bimbo Alterado and a person identified as P.C. soldier Boboy Patagnan (Gilberto Patagnan) voluntarily submitted themselves for questioning at the police camp.
- Defense Version and Alibi Claims
- Accused-appellants presented an alternate narrative asserting that they were not present at the scene during the commission of the crimes:
- They claimed to have been at “Bistro Cris” at 7:00 P.M., and later at the “Don Quixote Bar” in the Don Felipe Hotel, agreeing to reconvene at the public plaza at 9:00 P.M.
- The accused stated they left the bar at around 11:00 P.M. and subsequently went home, a timeline which was reinforced by the testimony of Felipe Abad who saw them at the hotel lobby.
- Their version emphasized that upon nearing Alterado’s residence by motorcab, they were surprised by the presence of police officers who were investigating the crime.
- Although subjected to a paraffin test to detect gunpowder residue, the results were negative; however, the defense underscored that the test was conducted four days after the incident, reducing its probative value.
- Trial Court Proceedings and Convictions
- In Criminal Case No. 2718-0, the Trial Court convicted the accused-appellants of Murder, sentencing them to reclusion perpetua.
- In addition to the custodial sentence, they were ordered to pay P30,000.00 to the heirs of Maribeth Maglasang and an additional P46,840.00 for hospital and funeral expenses.
- In a related case (Criminal Case No. 2720-0), the accused were also found guilty of Slight Physical Injuries and were sentenced to twenty (20) days imprisonment each.
- The appeals arose because the accused contended errors in:
- The positive identification process by eyewitnesses.
- The weight given to the prosecution’s witnesses.
- The dismissal of the importance of motive for committing the crime.
Issues:
- Whether the trial court erred in holding that there was a positive identification of the accused-appellants by key eyewitnesses.
- The defense argued that in the heat of the moment under a shooting, it was unnatural for a witness to accurately identify assailants.
- Whether the trial court improperly gave undue credibility to the prosecution witnesses despite any minor discrepancies in their testimonies.
- The defense maintained that variations in details (e.g., type of firearm) should have undermined the overall credibility of the eyewitness accounts.
- Whether the absence of a discernible motive is a valid basis to acquit the accused-appellants.
- The defense argued that lack of personal enmity or motive should call into question the attribution of the crime to the accused.
- Whether the alibi presented by the accused-appellants—detailing their presence at the Don Felipe Hotel and subsequent movements—was sufficiently probative to exonerate them.
- The issue also encompassed the reliability of the paraffin test results taken several days after the incident.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)