Case Digest (G.R. No. 193136)
Facts:
People of the Philippines v. Arsenio Ferrera y Bautista, G.R. No. 66965, June 18, 1987, Supreme Court En Banc, Sarmiento, J., writing for the Court.The Tanodbayan filed an information dated May 17, 1983 charging Arsenio Ferrera y Bautista (appellant), then Barangay Captain and CHDF commander of Barangay Mabuhay, Valencia, Bukidnon, together with Rolando Aperocho, Danilo Villacillo and Francisco Belisario, with murder (alleging treachery and taking advantage of superior strength and official position). The grave facts arose from the attack, torture, mutilation and death of Pascual Patiag on or about December 9, 1982 in Barangay Mabuhay. The information alleged that Ferrera and his companions abused their official positions, pursued Patiag, inflicted mortal wounds (including gunshot), mutilated his body and attempted to burn the remains.
The partly burned cadaver of Patiag was found December 12, 1982 in a sugarcane field; the body bore multiple wounds, mutilations and a missing liver. At trial before the Sandiganbayan (trial commenced June 28, 1983), several eyewitnesses testified — notably Reynaldo Patiag (the victim’s son), Oscar Cerdenola and Lorenzo Cerdenola — who described the mauling, stabbing, chasing, shooting and subsequent mutilation. One witness, Honorato Domingo, testified as to seeing a bottle containing an ear taken from the killers to a military detachment and overhearing the appellant claim it was Patiag’s ear. Only Arsenio Ferrera was apprehended for trial before the Sandiganbayan; two co-accused later surrendered and were separately tried.
On January 18, 1984 the Sandiganbayan convicted Ferrera of murder qualified by treachery and aggravated by taking advantage of public office, imposing the death penalty and ordering indemnities and damages. Ferrera appealed to the Supreme Court by mandatory review (automatic review of a capital sentence). The Supreme Court heard the case and promulgated judgment on June 18, 19...(Subscriber-Only)
Issues:
- Was the corpus delicti — that a crime resulting in the death of Pascual Patiag occurred — proved beyond reasonable doubt?
- Did the prosecution eyewitnesses positively and credibly identify appellant as the person who stabbed and shot the victim beyond reasonable doubt?
- Was the appellant’s defense of alibi sufficiently established to bar conviction?
- What is the proper legal characterization of the offense and the attendant penalty and damages (including effect of t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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