Title
People vs. Gelin
Case
G.R. No. 135693
Decision Date
Apr 1, 2002
Two CAFGU members, armed with a rifle and bolo, killed Dionisio Gelin in 1991. Despite alibi claims, credible witness testimonies and evidence led to their conviction for murder.
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Case Digest (G.R. No. 135693)

Facts:

Incident Details:

  • On February 10, 1991, at around 6:00 PM, in Barangay Borong, Can-avid, Eastern Samar, accused-appellants Cornelio Gelin and Manuel Gelin, both members of the CAFGU, allegedly conspired to kill Dionisio Gelin.
  • The accused were armed with a rifle and a small bolo (locally known as a "depanga").
  • Dionisio Gelin was shot and stabbed, resulting in his instantaneous death.

Prosecution's Version:

  • Joel Gelin, the victim's son, testified that he was accosted by the accused on his way home. Manuel Gelin poked a bolo at his neck, while Cornelio Gelin threatened him with a rifle.
  • The accused forced Joel to lead them to his father's house. Upon arrival, Cornelio shot Dionisio without warning, and Manuel stabbed him to ensure his death.
  • Joel was threatened and taken to the army camp by the accused, where they returned their weapons. After being released, Joel reported the incident to the police.

Witness Testimony:

  • Ida Balagbis, a prosecution witness, testified that she was in the victim's house when the shooting occurred. She saw Cornelio holding a gun and Manuel holding a bolo, standing close to the victim.
  • She fled the scene and informed her father about the incident.

Medical Findings:

  • Dr. Marcial A. Adal conducted a post-mortem examination and found multiple gunshot and stab wounds on the victim's body. The cause of death was determined to be the injuries sustained.

Defense's Version:

  • The accused denied the allegations and claimed they were inside the army camp at the time of the incident. Cornelio stated he was on duty from 4:00 PM to 6:00 PM, while Manuel claimed he was resting due to a fever.
  • They presented witnesses, including Sgt. Wilfredo Peralta and Alfredo S. Edaro, to corroborate their alibi.

Issue:

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Ruling:

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Ratio:

  1. Credibility of Witnesses: The Court emphasized that the trial court's findings on the credibility of witnesses are generally accorded great weight, especially when supported by clear and convincing evidence. Minor inconsistencies in testimonies do not undermine the overall credibility of the witnesses.

  2. Defense of Alibi: For alibi to prosper, the accused must prove physical impossibility of being at the crime scene. In this case, the accused failed to meet this requirement, as the distance between the army camp and the crime scene was minimal.

  3. Treachery: The Court found that the attack on the victim was deliberate and unexpected, ensuring the victim had no opportunity to defend himself. This qualified the crime as Murder under Article 248 of the Revised Penal Code.

  4. Civil Liability: The Court affirmed the award of P50,000.00 as death indemnity and added P50,000.00 as moral damages. The Court also computed the loss of earning capacity of the victim, awarding P459,000.00 to the heirs.


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