Case Digest (G.R. No. 104729)
Facts:
The People of the Philippines v. Valtony Javier y Javelosa, G.R. No. 104729, February 03, 1994, Supreme Court Second Division, Puno, J., writing for the Court.The prosecution (the People of the Philippines) charged Valtony Javier y Javelosa by Information dated December 6, 1990, with murder allegedly committed on December 3, 1990, in Navotas; the case was docketed as Criminal Case No. 9775 before the Regional Trial Court (RTC) of Malabon. Upon arraignment the accused pleaded not guilty and the case proceeded to trial.
At trial the prosecution’s case rested principally on eyewitness testimony. Rolando Dadua testified that on the evening of December 3, 1990, he and the victim, Eric Abante, were mauled at the Navotas Fishery Port, taken to the Port Security Division (PSD) headquarters, and that after a short interval accused-appellant returned to the headquarters, pointed a gun at Abante, threatened “Papatayin kita,” and shot him at close range between the eyes. Dadua identified the accused in court and in a police line-up conducted on December 5, 1990. Another eyewitness, Bienvenido Cruz, corroborated that he saw the mauling and that the accused returned and shot the victim. Police investigators also testified about the investigation and the accused’s turnover to the Navotas Police Station.
Accused-appellant denied the killing and presented an alibi, testifying he had been in his office at about 10:30 p.m., left briefly, and later learned he was being accused; he claimed fear prompted him to avoid the PSD stairs and to go elsewhere, and that the police coerced the identification. A co-employee, William Villalobos, corroborated parts of the accused’s account, stating he saw the accused at about 10:45 p.m. and later encountered a commotion but did not hear a gunshot.
On January 17, 1992, the RTC (Hon. Benjamin M. Aquino, Jr.) found the accused guilty of Murder and sentenced him to reclusion perpetua (in the absence of mitigating and aggravating circumstances) and ordered several damage awards, including P50,000.00 civil...(Subscriber-Only)
Issues:
- Was the positive identification of accused-appellant by eyewitness Rolando Dadua sufficient to support a conviction beyond reasonable doubt?
- Was the killing of Eric Abante properly qualified as murder by treachery (or by evident premeditation) under the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)