Case Digest (G.R. No. 105668)
Facts:
The case at hand involves the appeal of Hernando Dalabajan, Dominador Dalabajan, and Fernando Dalabajan (the appellants), who were convicted of murder by the Regional Trial Court of Palawan and Puerto Princesa City. This incident occurred on January 1, 1986, in Barangay Cayapas, Municipality of Dumaran, Province of Palawan, during a New Year’s celebration. The prosecution alleged that the appellants conspired to kill Amado Zabalo Jr. with evident premeditation and treachery. Witness accounts stated that around 1:00 AM, as the festivities were ongoing, Hernando Dalabajan attacked Amado by kicking him and stabbing him. Other relatives of the Dalabajans then joined the assault, which culminated in the victim being pursued into the water, where he was further attacked with various weapons until he succumbed to his injuries.
During the trial, additional individuals named Napoleon Dela Torre, Charlie Paduga, and Megdonio Sabinet were initially included as co-defendants but were later
Case Digest (G.R. No. 105668)
Facts:
- Background and Charges
- The case involves an appeal by three accused-appellants—Hernando Dalabajan, Dominador Dalabajan, and Fernando Dalabajan—charged with the murder of Amado Zabalo, Jr.
- An information alleging the killing was filed on May 21, 1986, before the Regional Trial Court of Palawan and Puerto Princesa City, charging the accused along with others in connection with the crime.
- The charge detailed that on or about January 1, 1986, at Barangay Cayapas, Dumaran, Palawan, the accused, by way of conspiracy and with evident premeditation, attacked and assaulted the victim with stabbing, striking, and other bladed and blunt instruments, thereby inflicting injuries that directly caused the victim’s death.
- Chronology of the Incident
- On the night of January 1, 1986, around 1:00 in the morning, during New Year’s Eve celebrations in Barangay Cayapas, the victim, Amado Zabalo, Jr., was seen coming out of the Barangay Hall.
- Eyewitness Melencio dela Cruz observed Hernando Dalabajan initiating the attack by kicking and stabbing the victim, primarily targeting vital parts of his body (right thigh and right abdomen).
- Following the initial assault, several residents—many of whom were relatives of the Dalabajans—joined the fray, further assaulting Amado Zabalo, Jr.
- The victim’s desperate attempt to escape by running towards the seashore and wading into the water was thwarted when the three accused-appellants pursued him in a banca.
- After overtaking the victim 30–40 meters from the shore, the accused aided one another in inflicting further blows with bladed instruments, wooden clubs, and a boat paddle, leaving the victim unmoving and face down in the water.
- Witness Testimonies and Evidence
- Eyewitness Testimony by Melencio dela Cruz
- Dela Cruz testified that he witnessed the attack from his hiding place near the seashore where he was compelled to remain concealed because many witnesses were from the reputed Dalabajan clan, and he feared for his safety.
- His detailed account spanned from the initiation of the assault at the Barangay Hall until the pursuit and brutal killing at sea.
- Physical and Documentary Evidence
- Testimony of Amado Zabalo, Sr., the victim’s father, confirmed the victim’s presence at the Barangay Hall and identified his body on the shore shortly after the incident.
- Police evidence prepared by officer Lolito Carceller included a detailed sketch of the victim’s body showing multiple stab wounds on the upper head, left eye, left ear, left side of the mouth, right cheek, and stomach; dislocation of the victim’s left-hand fingers was also noted.
- Defense Testimonies and Alternative Accounts
- Hernando Dalabajan presented a different version stating that the incident stemmed from a confrontation during a New Year’s Eve dance at the Barangay Hall on December 31, 1985, not from a premeditated assault.
- He claimed that after an altercation with a drunk Amado Zabalo, Jr., he retaliated only after being hacked by the victim and later sought help from the Barangay Captain before losing consciousness due to blood loss.
- Dominador Dalabajan testified that he was present at the Barangay Hall on the night of December 31, 1985, in his capacity as a Barangay Tanod, and denied any participation in the killing.
- Fernando Dalabajan did not present any evidence or offer testimony to rebut the prosecution’s case.
- Affidavits Submitted Post-Trial
- On February 26, 1990, the victim’s father executed an Affidavit of Desistance in which he recanted his demand for prosecution against Dominador and Fernando Dalabajan and claimed that Hernando Dalabajan was forced to act in self-defense.
- On July 31, 1990, Melencio dela Cruz, the sole prosecution eyewitness, executed an Affidavit of Recantation claiming that he had not witnessed the incident properly and that his original testimony was given under threat by the victim’s father.
- Additionally, a sinumpaang Salaysay by Barangay Kagawad Manuela Gabinete-Dacuan was submitted by the defense, alleging that Dela Cruz’s earlier testimony was false; however, this document was not supported by presentation of Gabinete-Dacuan as a witness in court.
- Trial Court Findings and Decision
- The trial court, after weighing the evidence and testimonies (including the physical evidence corroborated by the testimony of officer Carceller), found the three accused-appellants guilty beyond reasonable doubt of murder.
- The court determined that the crime was committed with treachery, given that the victim was in a vulnerable position, wading in water, while being attacked by assailants on a banca who had a decided advantage through superior strength and coordination.
- The judgment imposed reclusion perpetua and ordered joint and several indemnification to the heirs of the deceased for both moral and actual damages.
- The trial court dismissed the affidavits of recantation and desistance as insufficient to vitiate the original testimony and as not constituting newly discovered evidence.
Issues:
- Alleged Violation of the Accused’s Rights
- Whether the trial court erred in failing to accord the accused-appellants the constitutional right to be presumed innocent and to be tried by an impartial tribunal.
- Credibility and Weight of the Prosecution’s Evidence
- Whether the trial court committed reversible error in giving undue weight to the testimony of the sole eyewitness, Melencio dela Cruz, particularly in light of his subsequent affidavit of recantation.
- Whether the recantation and the affidavit of desistance (by the victim’s father) could be considered as newly discovered evidence warranting a new trial.
- Nature of the Incident: Tumultuous Affray vs. Premeditated Murder
- Whether the killing of Amado Zabalo, Jr. resulted from a tumultuous affray or from a deliberate, premeditated attack employing treachery.
- Whether the circumstances surrounding the victim’s vulnerability (being in water and unable to defend himself) justified qualifying the crime as murder rather than a death resulting from a tumultuous affray.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)