Case Digest (G.R. No. 129892)
Facts:
On October 31, 1992, Dennis Cano was stabbed twice from behind in Barangay La Purisima Nuevo, Ocampo, Camarines Sur, by Rodolfo Barro, Jr., who fled immediately after the assault. Two prosecution eyewitnesses, Pedro Largo and Renato Villaruel, identified appellant as the assailant, and the autopsy showed two stab wounds that caused Cano’s death on November 6, 1992.Appellant denied the killing and claimed alibi, stating he was in Buang, Tabaco, Albay, and he did not know the prosecution witnesses; this was supported only by the testimony of Danilo Bonita, which the defense was unable to substantiate with employment records. The RTC convicted appellant of murder, and the Court of Appeals affirmed but increased the penalty to reclusion perpetua, then certified the case for review under Rule 124, Section 13, of the Rules of Court.
Issues:
- Whether the prosecution witnesses’ identification of appellant was credible notwithstanding alleged inconsistencies.
- Whether the killing was
Case Digest (G.R. No. 129892)
Facts:
- Case posture and certification for review
- The case on review involved the Court of Appeals decision in CA-G.R. No. 18290 affirming the Regional Trial Court of Cadlan, Pili, Camarines Sur, Branch 32 conviction of appellant for the crime of murder.
- The Court of Appeals increased the penalty to reclusion perpetua and certified the case to the Supreme Court for review pursuant to Rule 124, Section 13, of the Rules of Court.
- Information filed and plea entered
- On February 2, 1993, the prosecution filed an Information for murder against appellant, alleging that on or about October 31, 1992, in Barangay La Purisima Nuevo, Municipality of Ocampo, Province of Camarines Sur, appellant, with intent to kill, with treachery and evident premeditation, stabbed Dennis Cano with a double-bladed weapon, inflicting stab wounds that caused death.
- Upon arraignment, appellant entered a plea of not guilty.
- Events leading to the stabbing and the prosecution version
- At about 10:30 o’clock in the evening of October 31, 1992, Renato Villaruel was not the direct victim witness; rather, the principal narration concerned the victim’s neighborly observation and the victim’s location.
- Witness Villaruel was in his house with his family in La Purisima Nuevo, Ocampo, Camarines Sur; about fifty meters away was the house of Pedro Largo, where four persons were in the vacant pig-pen having a drinking spree.
- The four drinking partners were Pedro Largo, Dennis Cano, Ruben Barro, and one nicknamed “Onong.”
- The drinking partners were talking loudly, prompting Villaruel to go down his house and approach the pig-pen.
- On the way, Villaruel noticed Ruben Barro and “Oneng” leave, leaving Pedro Largo and Dennis Cano seated side by side, with Dennis Cano’s back resting on the cemented wall of the pen.
- While Dennis Cano had his back against the wall of the pig-pen, Dennis Cano was suddenly attacked from behind by appellant with a bladed instrument about a foot long, receiving a first stab just below the left scapula.
- Dennis Cano suffered a second stab wound about eight inches below the left armpit.
- Despite sustaining two stab wounds, Dennis Cano managed to walk about four meters toward the house of Pedro Largo and then collapsed.
- Pedro Largo and the father of Dennis Cano brought the wounded Dennis Cano by jeep to the Camarines Sur Regional Hospital in Naga City.
- Dennis Cano expired on November 6, 1992, notwithstanding medical attendance.
- There was no dispute that Dennis Cano died of the stab wounds inflicted by appellant on the night of October 31, 1992.
- Prosecution witnesses and the evidentiary details they presented
- Pedro Largo
- Largo knew appellant because appellant used to work at their farm.
- After the drinking session, Largo and Dennis Cano remained seated at a table facing each other under an electric bulb.
- Largo testified that while swapping stories, appellant suddenly came up behind Dennis Cano and stabbed him with a sharp bladed weapon.
- Largo testified that he recognized appellant, who was wearing a black t-shirt.
- Largo testified that after the stabbing, appellant ran away.
- Renato Villaruel
- Villaruel testified that he was about to approach the drinking session to verify what the loud noise was.
- He saw two persons get up and leave; the remaining two were Largo and the victim.
- When he was about ten meters away, he saw appellant approach the victim from behind and stab him twice with a bladed instrument.
- After stabbing, appellant immediately ran away.
- Villaruel helped Largo bring the victim to the hospital.
- Federico Cano
- Federico Cano testified as to the expenses incurred because of the death of his son.
- Dr. Jullie Sy (autopsy and injury findings)
- Dr. Sy conducted the autopsy and reported two stab wounds:
- “3.2 cm. left infra scapular area.”
- “3 cm. level of the 9th intercostal space, 8 cm. lateral aspect left to the vertebra.”
- The second stab wound penetrated the thoracic and abdominal cavity.
- The victim also suffered from cerebral edema possibly caused by inflammation or a fall.
- The autopsy report marking was corrected by the public prosecutor: it was mistakenly marked as Exh. “A” and should have been marked Exh. “C.”
- Appellant’s defense theory and supporting testimony
- Appellant relied on outright denial and alibi.
- Appellant denied involvement in the killing of Dennis Cano.
- Appellant testified that on the alleged date and time of the stabbing incident, he was at Buang, Tabaco, Albay, where he permanently resided.
- Appellant testified that he did not know the victim and had never been to La Purisima, Ocampo, Camarines Sur.
- Appellant testified that before his arrest, he had been residing in Buang, Tabaco, Albay, and worked as a permanent laborer in the land owned by Danilo Bonita.
- Danilo Bonita corroborated that appellant worked for him from 1991 up to August 1993, and that on October 31, 1992, the day of the incident, appellant was working for him.
- When pressed by the trial court to present proof, Bonita could not present any record showing appellant’s employment. ...(Subscriber-Only)
Issues:
- Credibility of the prosecution witnesses and alleged inconsistencies
- Whether the trial court erred in giving full faith and credit to allegedly inconsistent prosecution testimony regarding:
- The circumstances and position of the victim at the time of stabbing.
- The presence and movements of other persons at the scene.
- Whether appellant used one hand or both hands in stabbing.
- Whether the weapon was double-bladed or single-bladed.
- Whether a prior heated altercation existed.
- What liquor was consumed.
- Whether the trial court disregarded evidence adduced by the defense.
- Existence of treachery and impact of any prior argument
- Whether treachery was present in the commission of the killing.
- Whether the existence of any prior argument negated treachery, warranting conviction only for homicide.
- Sufficiency of proof of guilt beyond reasonable doubt
- Whether appellant’s guilt was proven beyond reasonable doubt in light of alleged inconsistencies and the defense of denial and alibi.
- Penalty and qualifying circumstances
- Whether the pen...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)