Case Digest (G.R. No. 76953)
Facts:
People of the Philippines v. Ponciano Mandapat, G.R. No. 76953, April 22, 1991, Supreme Court Third Division, Bidin, J., writing for the Court. The accused-appellant, Ponciano Mandapat (a patrolman), was charged by information filed March 9, 1982 with the murder of Crispula Carino-Nonan allegedly committed on October 5, 1977 in Malasiqui, Pangasinan. Upon arraignment he pleaded not guilty and trial ensued before the Regional Trial Court of Dagupan City, Branch 44 (presided by Judge Crispin C. Laron), which found him guilty of murder under Article 248 of the Revised Penal Code and sentenced him to death, ordered indemnity and awarded actual and moral damages.At trial the prosecution presented eyewitness Maria Razo-Montemayor, NBI medico-legal officer Dr. Tomas Refe, and NBI ballistics expert Rogelio Munar. Montemayor testified she saw the accused hold the victim’s hair and shoot her in the head at about 10:00 a.m.; she fled after the first shot. Dr. Refe recovered two slugs from the exhumed body (another was recovered earlier by the municipal health officer), and the Tell revolver .22, Serial No. 66330 (the accused’s service weapon), was submitted for comparison. NBI Ballistics Report No. B-184-1177 concluded that one evidence bullet (“CN”) was fired from that revolver; other laboratory examination by the PC-INP Crime Laboratory was inconclusive as to two bullets.
The accused testified in his own defense, asserting alibi: he claimed night poblacion patrol from 8:00 p.m. October 4 to 4:00 a.m. October 5 and slept thereafter at the police barracks until about 11:30 a.m., corroborated by fellow patrolman Jaime Cerezo. The RTC nevertheless convicted. The case came to the Supreme Court as an appeal ...(Subscriber-Only)
Issues:
- Did the trial court err in relying on the testimony of Maria Razo‑Montemayor, an unlisted/late eyewitness, such that conviction was not supported beyond reasonable doubt?
- Was the ballistics evidence linking the Tell revolver .22 (SN 66330) to the bullets recovered from the victim too doubtful to support conviction?
- Does the accused’s alibi and the absence of proven motive create reasonable doubt requiring acquittal?
- Should the benefit of the doubt (presumption of in...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)