Case Digest (G.R. No. 101584)
Facts:
People of the Philippines v. Luciano Jumamoy y Anora, G.R. No. 101584, April 07, 1993, Supreme Court Third Division, Davide, Jr., J., writing for the Court. The Office of the Provincial Fiscal of Bohol filed two informations at the Regional Trial Court (RTC), Branch 3, Tagbilaran City: Criminal Case No. 5064 for Murder (allegedly committed April 1, 1987, with treachery and at night, victim Rolando Miel) and Criminal Case No. 5065 for Qualified Illegal Possession of Firearm and Ammunitions, alleging the weapon used was unlicensed. The accused, Luciano Jumamoy y Anora, alias "Junior," pleaded not guilty at arraignment on December 10, 1987; no bond for temporary liberty was recommended.The prosecution moved to consolidate the two cases for joint trial. At trial the prosecution presented several witnesses including Dr. Hector Enriquez (medico-legal examiner), Bonifacio Ayag, Lino Gudes, Jr., Alfredo Alforque, Sgt. Misericordio Sapong, Rodrigo Aparicio, and NBI supervising ballistician Artemio Panganiban, Jr.; rebuttal witnesses included Leandro Tirol and Luisito dela Torre. The defense offered the accused, Manuelito Cajes and Ramon Micutuan as witnesses, and the accused testified in surrebuttal. The trial court found the accused guilty on both charges and, in a judgment promulgated July 18, 1991 (dated June 27, 1991), sentenced him to reclusion perpetua in each case, ordered indemnity to the heirs (actual indemnity P7,800, moral damages P30,000) and made no pronouncement as to costs.
The trial court’s findings relied on eyewitness identifications by prosecution witnesses who had known the accused for years, the medico-legal findings of four gunshot wounds with fatal trajectory, recovery of a slug determined to be .38-caliber (probably homemade), and certification that the accused lacked a firearms permit. The court rejected the accused’s alibi — that he was in Cebu City and later Manila after March 29–30, 1987 — noting failure to produce the named corroborating witness (Feliciano Cenita) and testimonial contradictions (e.g., vessel owner Leandro Tirol discredited the alleged Ma...(Subscriber-Only)
Issues:
- Did the prosecution prove the accused’s guilt beyond reasonable doubt for murder and qualified illegal possession of firearm and ammunition?
- Did non-presentation of some prosecution witnesses or of the firearm constitute suppression of evidence fatal to the prosecution’s case?
- Could the accused be validly convicted separately of Murder and of Qualified Illegal Possession of Firearm without violating double jeopardy or resulting in absorption of one offense into the other?
- Was the accused’s alibi sufficient to ove...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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