Case Digest (G.R. No. L-62032)
Facts:
The People of the Philippines v. Rafael Dumlao, G.R. No. 62032, November 25, 1983, Supreme Court Second Division, Abad Santos, J., writing for the Court. The prosecution charged Rafael Dumlao with murder in Criminal Case No. L-2568 before the Court of First Instance of Pangasinan, Branch I, alleging that on July 25, 1981 Dumlao, armed with a bolo, attacked and hacked Alfredo “Boy” Fernandez, inflicting mortal wounds.At trial the court found that Fernandez bore 13 incised wounds and that he was hacked from behind in a sudden and treacherous manner; Judge Fortun concluded that the wounds showed a determined intention to kill but that the prosecution had not proved evident premeditation or abuse of superior strength, and that night time was absorbed by treachery. The trial court convicted Dumlao of murder and sentenced him to the medium penalty of reclusion perpetua, ordered indemnity of P12,000 to the heirs, and credit for preventive imprisonment.
Dumlao appealed to the Supreme Court. The People’s evidence included eyewitness testimony by Prudencio Ayap and his son Albino, who lived near the scene and positively identified Dumlao as the person they saw following and then hacking Fernandez; Prudencio testified he saw the attack, that Dumlao later threatened them, and that the Ayaps delayed reporting because of that threat. An autopsy by Dr. Armando Canto, rural health physician, recorded 13 incised wounds all on the left side of the body and opined they were caused by a sharp blade such as a bolo. Dumlao offered an alibi: he claimed he was in Barrio Cayanga helping to plant rice the entire day and night with Jorge Espiritu, about two kilometers from the scene.
The Supreme Court took the appeal under its regular ap...(Pro-only)
Issues:
- Did the appellant, Rafael Dumlao, commit the killing of Alfredo Fernandez?
- If so, should the killing be classified as murder or as homi...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)