Case Digest (G.R. No. L-5335)
Facts:
The case at hand revolves around the conviction of Anastacio Delasa, who was charged with Robbery with Homicide due to the fatal stabbing of Anselmo Pondoyo on September 26, 1972, in Sitio Calbugos, Villaba, Leyte. The incident transpired around 11:00 AM when the Pondoyo family was harvesting rice. Anselmo, who was gathering camongay leaves, was intercepted by the appellant, Anastacio Delasa, and his son-in-law, Apolonio. As Anselmo crossed an improvised wooden bridge, he was unexpectedly attacked by Delasa, who stabbed him twice in the back using a bolo, resulting in fatal injuries. Despite the severity of the wounds, Anselmo managed to crawl a short distance before succumbing to his injuries. Following the assault, Delasa stole P500.00 from Anselmo's pocket before fleeing the scene with Apolonio. The defense presented was primarily based on alibi, with Delasa claiming he was working on his farm over three kilometers away at the time of the crime. The lower court, however,
Case Digest (G.R. No. L-5335)
Facts:
- Incident and Crime Details
- On September 26, 1972, at about 11:00 in the morning, Anselmo Pondoyo, his wife Virona, and his son Alberto were engaged in harvesting rice in Sitio Calbugos, Villaba, Leyte.
- Unable to finish harvesting, the family decided to return home by way of the creek; during this journey, events unfolded that led to a violent encounter.
- At the creek, Virona observed Anselmo conversing with the accused, Anastacio Delasa, and his son-in-law, known as Apolonio.
- As Anselmo crossed an improvised bridge made of pieces of wood, he was attacked: the accused stabbed him twice with a bolo—first striking his heart and then his stomach.
- Despite being wounded, Anselmo managed to crawl two to three fathoms; however, the accused then slit his pants, removed P500.00 from his wallet, and escaped with his son-in-law.
- The post-mortem report confirmed multiple stab wounds, indicating:
- A thru-and-thru stab wound on the left interscapular region extending to the anterior chest wall.
- A similar wound in the left infrascapular area reaching the anterior abdominal wall.
- An additional stab wound on the left subcostal arch.
- The cause of death was determined to be irreversible damage and massive hemorrhage from the multiple stab wounds.
- Trial Proceedings and Conviction
- The Court of First Instance of Leyte found Anastacio Delasa guilty of Robbery with Homicide.
- He was sentenced to reclusion perpetua, ordered to indemnify the victim’s heirs with Twelve Thousand Five Hundred Pesos (P12,500.00) along with accessory penalties, and to pay the costs of the proceedings.
- Appellant’s Defense and Alternate Prayer
- Anastacio Delasa, on appeal, asserted an alibi stating that from 6:00 AM until evening on September 26, 1972, he was working on his farm in Sitio Iligay, Villaba, which is more than three kilometers away from the scene at Sitio Calbugos.
- As an alternative prayer, he requested the return of the case records to the court of origin for a new trial based on newly discovered evidence.
- Eyewitness Testimonies
- Alberto Pondoyo, the son of the deceased, identified the accused positively by recounting in detail the stabbing incident, including:
- The sequence of events during the attack.
- Specific details about the weapon—a bolo—and the nature and location of the wounds.
- Descriptions of the actions of the accused as well as distances traveled by the victim after being injured.
- Virona Pondoyo corroborated the sequence by detailing:
- Her observation of her husband conversing with the accused and his son-in-law.
- The progression of events as her husband crossed a makeshift bridge and was subsequently attacked.
- How the accused used the bolo both to inflict the fatal wounds and to open the victim's trousers to retrieve the money.
- That the accused fled along the brook immediately after the incident.
- Motion for New Trial and Newly Discovered Evidence
- During the pendency of the appeal, Delasa filed a motion for a new trial on the grounds of newly discovered evidence.
- The motion included:
- Alleged retractions by the two principal prosecution witnesses, Virona and Alberto, presented in affidavits (Annexes F and E, respectively) suggesting that they did not see the accused stab the victim.
- A statement by Inocencio Damayo, purporting to be an actual witness who implicated Leonardo Dalot and Francisco Marilao as the real culprits.
- The court examined whether:
- The retractions constituted grounds for a new trial.
- The statement of Inocencio Damayo met the criteria for being considered newly discovered evidence, i.e., evidence that could not have been produced during the trial despite the exercise of due diligence.
- Findings on Newly Discovered Evidence
- The court noted that there was no demonstration that Inocencio Damayo could not have been discovered and presented at trial.
- The retractions of the eyewitnesses were treated with caution, given the potential for endless litigation if such post-trial variations were allowed at face value.
- Precedents such as People vs. Curiano and U.S. vs. Dacir were consulted in emphasizing the need for caution regarding affidavits of recantation.
Issues:
- Whether the positive identification by the prosecution witnesses, despite an alleged alibi, suffices to sustain the conviction.
- Whether the appellant’s alibi, asserting his presence on his farm in Sitio Iligay, adequately contradicts the eyewitness testimonies that placed him at Sitio Calbugos at the time of the crime.
- Whether the motion for a new trial based on the submitted affidavits of recantation and the testimony of an additional witness constitutes valid newly discovered evidence under the established legal criteria.
- Whether a change in the witnesses’ testimonies, if induced post-trial, should override the credibility of in-court, sworn testimonies delivered under the eyes of an impartial tribunal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)