Case Digest (G.R. No. 75355)
Facts:
People of the Philippines v. Venancio Andres y Sevilla, G.R. No. 75355, October 29, 1987, First Division, Paras, J., writing for the Court.The prosecution charged Venancio Andres y Sevilla (accused-appellant) with the murder of Armando Andaya by information filed on April 15, 1980 in the Regional Trial Court (RTC) of Manila, Branch XI. The killing occurred in the early morning of March 8, 1980 at the corner of Francisco and Velasquez Streets, Tondo, Manila; the victim sustained mortal hacking wounds to the head, neck and shoulder. The RTC conducted trial (the records were later reconstituted because the City Hall fire of November 19, 1981 destroyed original files) and rendered judgment finding the accused guilty of murder with the aggravating circumstance of treachery and sentenced him to reclusion perpetua, ordered indemnity of P30,000 to the heirs, and costs.
At trial the prosecution’s case rested primarily on the testimony of Maximino Verzosa, an alleged eyewitness and guard on duty at the place of the incident, who identified the accused in a police lineup and in open court and even sketched the scene. Police officers, a medico-legal officer who performed the autopsy, and photographic and investigative reports were admitted in support. The defense presented the accused’s alibi — that he slept at home from about 9:00 p.m. March 7 until about 7:00 a.m. March 8 — and called witnesses to suggest an alternative perpetrator, a certain “Johnny Rodel,” including a 13‑year‑old Edgardo Cabahug who claimed to have seen Rodel fetch a jungle bolo and hack the victim. The trial court disbelieved the alibi and the alternative-perpetrator testimony, credited Verzosa’s identification, found treachery present because the victim was asleep, and convicted.
The accused appealed the RTC decision to the Su...(Subscriber-Only)
Issues:
- Is there sufficient proof beyond reasonable doubt that Venancio Andres y Sevilla was the person who hacked Armando Andaya to dea...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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