Case Digest (G.R. No. 105316)
Facts:
People of the Philippines v. Rene Lamsing y Jabon, G.R. No. 105316, September 21, 1995, Supreme Court Second Division, Mendoza, J., writing for the Court.The case arose from the killing on November 1, 1989 of Winnie Cabunilas, a security guard assigned to the construction site of a Synergy building on Aurora Boulevard, Cubao, Quezon City. Four days later accused-appellant Rene Lamsing y Jabon was arrested near the scene while drinking with friends; he was subsequently included in a police lineup and identified by witnesses. On November 9, 1989 an information was filed charging him (and a John Doe) with the special complex crime of robbery with homicide. Lamsing pleaded not guilty; trial proceeded against him alone because the other accused remained at large.
At trial the prosecution presented as its primary eyewitness Elizabeth de los Santos, an 18‑year‑old dishwasher who lived in a canteen across the street from the construction site. She testified that shortly after dawn she saw, at about one meter distance, two men assaulting Cabunilas: one held the victim’s mouth while the other (identified as Lamsing) stabbed the victim repeatedly with a long pointed weapon and took the victim’s .38 Cal. Smith & Wesson (the gun issued to the guard) as they fled. De los Santos admitted there was little ambient light but said that when she opened the canteen door a light from inside illuminated the scene and enabled her identification. Other prosecution witnesses included the medical examiner who testified as to cause of death, policemen who testified about the arrest and lineup, and the victim’s sister who testified as to burial expenses.
Lamsing denied participation and offered an alibi: that on November 1 he and his uncle stayed at the uncle’s house, then hailed a taxi around 3:30 a.m. and spent the day selling food at La Loma Cemetery; his uncle corroborated that he remained with him. The trial court (Regional Trial Court, Branch 88, Quezon City)...(Pro-only)
Issues:
- Did the trial court commit reversible error in crediting the testimony of Elizabeth de los Santos—an uncorroborated eyewitness who admitted poor lighting—over appellant’s alibi?
- Did the evidence establish the special complex crime of robbery with homicide, or should the killing be treated as simple homicide with a separate offense of theft?
- Did appellant’s participation in a police lineup without counsel violate his constitutional right to counsel such th...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)