Case Digest (G.R. No. 110098)
Facts:
People of the Philippines v. Buenafe Azugue y Amador, G.R. No. 110098, February 26, 1997, Supreme Court Third Division, Panganiban, J., writing for the Court. The appellant is Buenafe Azugue (accused‑appellant); the prosecution was the People of the Philippines. Co‑accused named in the information were Morito Salvador (at large) and Bertito Beturin (case against him later dismissed). Accused Azugue was represented at trial by counsel de parte Federico Billones.
On November 20, 1990 an Amended Information charged the three with murder under Article 248 of the Revised Penal Code for a stabbing on October 27, 1990 that resulted in the death of Joebe (Juvy/Jolly) Arrobang. Azugue was arraigned on August 12, 1992 and pleaded not guilty. The case against Bertito Beturin was dismissed without prejudice for lack of evidence, and Morito Salvador was never arrested and remained at large; the trial therefore proceeded only against Azugue.
At trial the prosecution presented one eyewitness, fish vendor Porferio Delmo, who testified (first time in court on October 19, 1992) that he saw Azugue hold the victim’s arms while Salvador came from behind and stabbed the victim about two arm’s length away. Medical evidence (post‑mortem by Dr. Rafael Almalbis, Jr.) described a through‑and‑through stab wound to the right flank with evisceration and death from shock due to internal hemorrhage. The defense put forward an alibi: Azugue testified he was in Barangay Ilas Norte, Dao, Capiz from October 7 to October 28 (or October 30, per his father‑in‑law), and Wilfredo Buenvenida (father‑in‑law) partially corroborated that timeline. Merlinda Fajartin, sister of Morito Salvador, testified she saw Salvador act alone and denied the presence of a jeepney or other companions.
The Regional Trial Court, 6th Judicial Region, Branch 15 (Judge David A. Alfeche, Jr. presiding), rendered judgment on January 8, 1993, finding Azugue guilty of murder under Article 248 and sentencin...(Subscriber-Only)
Issues:
- Was the trial court correct in crediting the testimony of the lone prosecution eyewitness, Porferio Delmo, and thus in finding the prosecution proved guilt beyond reasonable doubt?
- Was the defense of alibi established such that it should have exonerated appellant or rai...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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