Case Digest (G.R. No. 269657)
Facts:
People of the Philippines v. Leonardo Banaag, Jr., G.R. No. 269657, July 22, 2024, Supreme Court Second Division, Lopez, J., writing for the Court.The prosecution charged Leonardo Banaag, Jr. (accused-appellant) with murder (Criminal Case No. 9338) for the killing of Jovelito Agustin and attempted murder (Criminal Case No. 9337) for the shooting of Joseph Agustin, both offenses allegedly committed on the night of June 15, 2010 in Laoag City. The Informations alleged qualifying circumstances including treachery and evident premeditation (and abuse of superior strength in the murder charge), and the aggravating circumstance of nighttime.
The prosecution’s factual case was based principally on the eyewitness testimony of Joseph, who accompanied his uncle Jovelito on a motorcycle after a radio broadcast. Joseph testified that a two-man motorcycle without plates followed them; the back-rider was identified as Banaag, whom Joseph had seen previously during local campaign activities. Near the Victory Ricemill the pursuing motorcycle overtook them and the back-rider fired several successive shots at close range. Jovelito later died of multiple abdominal gunshot wounds; Joseph sustained nonfatal wounds. Police recovered cartridges and bullets at the scene and noted adequate street lighting. Banaag initially claimed he was working in Bulacan in 2009–2010 but was arrested in September 2010 in Baguio.
On January 19, 2021, the Regional Trial Court (Branch 27, San Fernando City, La Union) convicted Banaag of murder and attempted murder, finding treachery and evident premeditation and imposing reclusion perpetua for murder and an indeterminate term for attempted murder; the RTC awarded damages. Banaag appealed. On June 9, 2023, the Court of Appeals (Sixth Division) affirmed with modification: it sustained Banaag’s conviction but found evident premeditation not proven, adjus...(Subscriber-Only)
Issues:
- Whether the eyewitness identification and testimony of Joseph Agustin is credible and sufficient to convict Leonardo Banaag, Jr. of murder (Criminal Case No. 9338) and attempted murder (Criminal Case No. 9337), including whether the qualifying circumstances of treachery and evident preme...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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