Case Digest (G.R. No. 110558)
Facts:
People of the Philippines v. Celedonio B. De Leon and Ruben A. Alarcon, G.R. No. 110558, July 03, 1995, Supreme Court First Division, Davide, Jr., J., writing for the Court.On the evening of 14 November 1988, Cesar Cruz was watching television near the pier in Barangay Cotta, Lucena City, when two men approached him from behind and one thrust a knife into his left upper back. Cruz ran to the motor launch M/V Arayat but later died that same night from hemorrhage and cardio-respiratory failure as testified by Dr. Eva Yamamoto. Eyewitness Edmar Ramirez, who was about half a meter away and under fluorescent lighting, identified Celedonio De Leon as the stabber while Ruben Alarcon held the victim’s other hand. Another eyewitness, Dinia Dala Saludes, corroborated seeing the incident and testified that Alarcon was heard shouting a threat to the Arayat crew.
After the stabbing, the two accused were located aboard M/V Gerlyn II; Police Sergeant Trinidad boarded the vessel, found De Leon hiding in the storeroom and brought both men to the police station for investigation. Ramirez executed an affidavit that night identifying De Leon and Alarcon, but two weeks later, allegedly under threat and after being given P950.00 by Rogelio Dala (owner of M/V Gerlyn II), he signed a recanting affidavit prepared at the police station; he subsequently repented, returned to Lucena, and on 6 December 1988 executed an affidavit reaffirming his original statement.
An information for murder was filed on 22 November 1988 in the Regional Trial Court (RTC) of Lucena City, Branch 58. At trial the accused testified differently: De Leon claimed Cruz first stabbed him and he unintentionally stabbed Cruz while struggling; Alarcon denied participation and said he was repairing the engine and briefly left to buy cigarettes. The RTC, after assessing witness credibility, found the prosecution witnesses credible, concluded that conspiracy and the qualifying circumstance of treachery were proven, and on 13 A...(Subscriber-Only)
Issues:
- Did the trial court err in crediting the testimonies of eyewitnesses Edmar Ramirez and Dinia Dala Saludes?
- Was there sufficient evidence to establish conspiracy/confederacy between the accused and the qualifying circumstance of treachery to elevate the killing to murder?
- Were the accused properly convicted of murder rather than a lesser offense (homicide with privileged or mitigating circumstances), and wa...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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