Case Digest (G.R. No. 133787)
Facts:
People of the Philippines v. Aurelio Birayon, Gregorio Birayon, Winston Birayon, and Rizaldy Birayon, G.R. No. 133787, November 29, 2000, the Supreme Court Second Division, Mendoza, J., writing for the Court.The case arose from an information charging Aurelio, Gregorio, Winston and Rizaldy Birayon with the May 1, 1993 murder of Justino Ballarta in Barangay Sinaja, Municipality of Belison, Antique, alleging conspiracy, treachery, evident premeditation and use of superior strength under Article 248 of the Revised Penal Code. The Regional Trial Court (RTC), Branch 11, San Jose, Antique, convicted Aurelio, Winston and Rizaldy; Gregorio was later dropped from the information so the trial of the others could proceed.
At trial the prosecution presented two eyewitnesses, Dione (Dionie) Ballarta and Christopher Villalobos, who testified that at about 11:00 p.m. on May 1, 1993 they saw five men on the riverbank—identified as Aurelio, Rizaldy, Gregorio and Winston Birayon and the victim—restrain and stab/hack Justino Ballarta and leave his body at the river. The next day, the body was found; Dr. Richard Labiao performed the autopsy and reported multiple incised, hacking and stab wounds, several of which were fatal; cause of death was hypovolemic shock secondary to multiple stab and hacking wounds of head and neck.
The Birayons asserted an alibi: they claimed they were at temporary fishing quarters in Barangay Durog catching bangus fry from April until May 2, 1993. Defense witnesses Adoracion Casalan and Francisco Espanola corroborated seeing them fishing. Another witness, Lydia Pasicaran, saw the corpse on May 2 and later saw Villalobos react to it. Gregorio was referred for psychiatric evaluation but no medical report was submitted; the trial court granted the prosecution’s motion and ordered Gregorio discharged from the information so trial of the others could proceed.
The RTC found the prosecution witnesses credible, convicted Aurelio and Winston each to...(Subscriber-Only)
Issues:
- Did the Supreme Court err in crediting the testimony of the prosecution eyewitnesses despite their relationship to the victim and alleged inconsistencies?
- Did the Supreme Court err in discounting the alibi testimony of the accused and their witnesses?
- Was the conviction for murder proper, and were the sentences imposed by t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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