G.R. No. 128147 - People vs. Jaberto y Teloy

The case involves appellant Estanislaw Jaberto, charged with the murder of Primitivo Dagoc y Nestal.
The incident occurred on December 24, 1995, at roughly 10:30 p.m. in Cebu City, Philippines.
An Information dated December 27, 1995, formally charged Jaberto and co-accused Melvin Timtim with murder, with specifics detailing a coordinated attack using a kitchen knife.
At arraignment, Jaberto—represented by Atty. George P. Bragat—entered a plea of not guilty.
Although Melvin Timtim remains at large, the trial proceeded solely against Jaberto.

The prosecution’s narrative is largely based on eyewitness accounts and affidavits:

Eyewitnesses Mardonio Pelonio and Franklin Dagoc observed the events on the scene.
The victim, Primitivo Dagoc, was described as sitting or napping when he was attacked.

Jaberto, accompanied by Timtim, stealthily approached the victim who was unarmed and sleeping.
He suddenly stabbed the victim on the right chest using a kitchen knife, as corroborated by the timely intervention of local barangay tanods.
Subsequent to the stabbing, both accused fled separately; Jaberto was apprehended when pursued by witnesses.

A knife recovered from Jaberto by barangay tanods.
Admissions made by Jaberto at the Office of the City Prosecutor regarding his possession of the knife and involvement in the stabbing incident.

The eyewitness testimonies of Mardonio Pelonio and Franklin Dagoc were central, with both positively identifying Jaberto as the assailant.
A joint affidavit, although less precise than live testimony, mentioned relevant details such as the victim's position and the weapon’s characteristics.

Jaberto’s testimony focused on his physical distance from the incident and a claim of mere “passive presence.”
He claimed that he did not witness the actual stabbing, mentioning that he merely followed co-accused Timtim when fleeing the scene.
Allegations were raised regarding procedural irregularities during the preliminary investigation, including the timing of his detention and the absence of an opportunity to file a counter-affidavit.
He also noted being subjected to physical force and coercion by police, contending that such circumstances might taint the evidentiary admission against him.

The trial court rendered a decision finding Jaberto guilty beyond reasonable doubt of murder.

It emphasized the clear, consistent, and corroborated testimonies of the prosecution witnesses.
It rejected the “plea of passive presence” as self-serving and unsupported by disinterested corroboration.

The court concluded that the manner of the attack—characterized by its swiftness and stealth—qualified as treachery, thereby justifying the imposition of reclusion perpetua along with an award of P50,000.00 as death indemnity.

Whether discrepancies between the joint affidavit and the live testimony of witnesses Mardonio Pelonio and Franklin Dagoc discredit their evidence.
Whether biases, such as the familial relationship between Franklin Dagoc and the deceased, undermine the reliability of their testimonies.

Whether the attack on an unarmed and unsuspecting victim was executed in a manner that is “swift and unexpected” enough to constitute treachery.
Whether the circumstances surrounding the attack, including the stealthy approach and the victim’s vulnerable state, meet the doctrinal requirements for treachery.

Whether the appellant’s detention starting on December 24, 1995, and the filing of the Information on December 27, 1995, constitute substantive irregularities affecting the due process of the case.
Whether the appellant’s claim that he was denied the opportunity to file a counter-affidavit before the prosecutor’s office should have affected the trial’s outcome or evidentiary assessment.