Case Digest (G.R. No. 121204)
Case Digest (G.R. No. 121204)
Facts:
People of the Philippines v. Pacifico Barellano @ Junior, G.R. No. 121204, December 02, 1999, Supreme Court First Division, Ynares-Santiago, J., writing for the Court.On the evening of August 14, 1993, Epifanio Cabales was shot twice while drinking tuba at the side of the auditorium in Barangay Tigbao, Matalom, Leyte; he fell and later died of gunshot wounds established in an autopsy. The prosecution charged Pacifico Barellano @ Junior with murder in an Information alleging treachery and evident premeditation. Upon arraignment the accused pleaded not guilty.
At trial the prosecution presented eyewitnesses, principally Felix Timkang and Benjamin Alico, who testified that they saw the assailant approach from behind and shoot the victim twice, and who positively identified the accused in court. An autopsy report by Dra. Radegunda Uy was introduced (a photocopy was admitted with no timely objection by defense). The accused testified and offered an alibi, claiming he was at his in-laws' place in Sitio Victory and was drunk and asleep at the time; he denied being at the scene or knowing the victim.
The Regional Trial Court rendered judgment finding the accused guilty of murder as principal and sentenced him to reclusion perpetua, ordered indemnity of P50,000.00 to the heirs, actual damages of P6,300.00, and moral damages of P50,000.00. Dissatisfied, accused appealed to the Supreme Court.
The Supreme Court entertained the appeal, examined witness credibility, documentary evidence, and legal issues raised (alibi, admissibility of the photocopied autopsy report, failure to present a potentially favorable witness), and scheduled the case for resolution by the First Division. No separate concurring or dissenting opinions were filed.
Issues:
- Did the trial court err in not giving due course to the accused's defense (alibi and evidentiary objections)?
- Was the evidence sufficient to convict Pacifico Barellano of murder and to sustain the qualifying circumstance of treachery (and/or evident premeditation)?
- Were the awards of civil indemnity, actual damages and moral damages properly granted by the trial court?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)