Case Digest (G.R. No. 128321)
Facts:
People of the Philippines v. Troy Malate y Carilan, Roldan Miranda y Rabago, Elmer Alipio, Frank Faisal and Enrique Ricky Canete; G.R. No. 128321, March 11, 2004, Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The appeal challenges the Regional Trial Court (Quezon City, Branch 95) Decision convicting Enrique Ricky Canete of murder and sentencing him to reclusion perpetua.On February 21, 1994, at about 9:30 p.m. in Cubao, Quezon City, Fernando Obrino y Mia was attacked near the Jollibee/Uniwide area and later died at St. Luke’s Hospital from multiple stab wounds. Several witnesses testified: Manolito U. Manuyag, Jr. (a student and acquaintance of the victim) related background fraternity tensions; Mario Sillar, a construction worker who said he saw six persons mauling and boxing the victim for about ten minutes and later identified a photograph of the appellant as one of the maulers; and Dr. Florante Bautista, the medico-legal officer who performed the autopsy and testified that the cause of death was multiple stab wounds, several of which were fatal. The autopsy found no contusions or hematoma consistent with prolonged fist blows.
Police reports show initial eyewitness descriptions and efforts to secure photographs; Manuyag identified two other suspects (Troy Malate and Roldan Miranda) in a police lineup. The police secured a photograph of the appellant and other information but the record shows the prosecution did not present certain police witnesses or the photograph as evidence at trial.
An Information charging murder (with alleged treachery, evident premeditation and use of superior strength) was filed September 15, 1994, against Troy Malate, Roldan Miranda, Enrique Ricky Canete, Elmer Alipio and Frank Faisal. The appellant was arrested September 22, 1994, arraigned October 28, 1994, and pleaded not guilty. At trial the RTC acquitted ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that Enrique Ricky Canete was the perpetrator of Fernando Obrino’s killing?
- If identification was deficient, does the appellant’s defense of alibi raise reasonable doubt sufficient to acquit him?
- Were the qualifying circumstances of treachery and abuse of superior strength proven to support a conviction for murder?
- Was the constitutional presumption of...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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