Case Digest (G.R. No. 106536)
Facts:
People of the Philippines v. Edgar Layaguin, Gorgonio Marinas, Juvy Tabotabo, Rolando Bucog, Florencio Dionaldo and Greg Labayo, G.R. No. 106536, September 20, 1996, Supreme Court Second Division, Romero, J., writing for the Court. The appeal arose from the Regional Trial Court of Cebu City, Branch V, which on August 13, 1991 convicted six accused—Rizalino Gemina, Edgar Layaguin, Gorgonio Marinas, Florencio Dionaldo, Juvy Tabotabo and Rolando Bucog—of murder and sentenced each to reclusion perpetua; accused Greg Labayo remained at large and the case against him was archived.The victim, Rosalito Cereno, a 20‑year‑old medical canvasser, was ambushed on July 10, 1987 while coming from the bus stop in Barangay Sta. Cruz, Ronda, Cebu. The Cereno family had enmity with several of the accused arising from two prior attacks on Rosalito’s father, Benito Cereno. Rosalito’s sister, Gerarda Villagonzalo, went to meet him that afternoon and, hiding behind a coconut tree some eleven meters away, witnessed seven armed men surround and shoot Rosalito. She identified Layaguin, Gemina and Labayo as among those who fired; Rosalito was hit by multiple gunshots and later died.
Post‑mortem examination by Dr. Melecio I. Cabatingan recorded five gunshot wounds including injuries to the left eye, left arm and abdomen; death was attributed to cardio‑respiratory arrest from multiple gunshot wounds. An amended information charged the seven with murder (Criminal Case No. CBU‑11214). Six of the accused were apprehended and arraigned; all pleaded not guilty and raised alibi defenses. Gemina later died (September 10, 1991); Labayo remained at large.
At trial the prosecution relied principally on Villagonzalo’s eyewitness testimony; the defense offered alibis and alibi witnesses. The trial court found the eyewitness credible, disbelieved the alibis, appreciated conspiracy and abuse of superior strength (but...(Subscriber-Only)
Issues:
- Did the trial court err in crediting the testimony of the lone eyewitness, Gerarda Villagonzalo, despite claimed inconsistencies and improbabilities?
- Should the appellants’ alibi have been accepted, thereby negating their presence at the crime scene?
- Was the circumstance of abuse of superior strength correctly appreciated to qua...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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