Case Digest (G.R. No. L-41133)
Facts:
People of the Philippines v. Anatalio Bombesa, Francisco Justo, and Venancio Justo, G.R. No. L-41133, June 22, 1988, Supreme Court Second Division, Padilla, J., writing for the Court.The three respondents were charged in Criminal Case No. V-83 of the Court of First Instance of Lanao del Norte with the murder (alleged to be with treachery) of Victorio Intia on or about January 9, 1972, in Kolambugan, Lanao del Norte. After trial the Court of First Instance convicted all three and sentenced each to reclusion perpetua, awarded indemnity and moral damages to the heirs, and assessed attorney’s fees and costs. All three appealed.
Subsequently, the appeal of Anatalio Bombesa was dismissed on his motion (March 28, 1977). The Bureau of Prisons later notified the court of the death of Venancio Justo (Aug. 17, 1978), and the case was dismissed as to him. The remaining appellant, Francisco Justo, pursued his appeal to the Supreme Court.
The prosecution’s case rested on discovery of a headless corpse (found Jan. 10, 1972), statements and affidavits gathered in 1974 after a report by Capistrano Sandoval, and testimony from several witnesses. Key evidence included an affidavit and trial testimony of Rafael Justo, the appellant’s brother, who related admissions allegedly made by the brothers; an affidavit by co-accused Venancio; and the testimony of Urbano Colongan, who as a child claimed to have seen the headless body and to have heard Anatalio Bombesa describe how the killing occurred. The defense attacked the credibility of Rafael and Colongan as biased, inconsistent and, as to Rafael’s written statement, extracted under force or intimidation.
At trial, the court discredited the appellant’s denial and rejected Rafael’s partial recantation as an unnatural change in testimony. The Solicitor General argued that voluntariness of Rafael’...(Subscriber-Only)
Issues:
- Was the sworn statement of the prosecution witness Rafael Justo, allegedly obtained by force or intimidation, admissible in evidence?
- Should the trial court’s credibility findings on prosecution witnesses be disturbed on appeal?
- Did the evidence establish the crime of murder with the qualifying circumstance of treachery, or must the conviction be reduced to homicide, with cor...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)