Case Digest (G.R. No. 130091)
Facts:
People of the Philippines v. Elino Bobong Naguita and Dioscoro Comigue, G.R. No. 130091, August 30, 1999, the Supreme Court En Banc, Davide, Jr., C.J., writing for the Court.The prosecution charged Elino "Bobong" Naguita (accused-appellant) and Alvin Fuentes with murder in an information alleging that on 17 January 1995 they attacked and stabbed Wenifredo "Dodong" Naguita, causing his death, with treachery and evident premeditation, in violation of Article 248 of the Revised Penal Code as amended by R.A. No. 7659. Fuentes escaped detention before arraignment; Naguita pleaded not guilty.
On the evening of 17 January 1995, according to the prosecution, Guillerma (the victim’s wife) left the house to fetch water and on returning saw Naguita and Fuentes descending stairs holding bloodied bladed weapons; she claimed Naguita warned her not to tell anyone or they would return and kill her, then fainted. Wenifredo was later found dead on the mat where he slept with multiple stab wounds. The municipal health officer, Dr. Anacleto Awiten, documented nine wounds and concluded internal hemorrhage as cause of death. Photographs showed blood concentrated on the sleeping mat.
Police investigators examined the scene on 18 January 1995 and took witness statements describing prior animosities: Wenifredo had been instrumental in prosecuting a rape case against Naguita’s father, Julito, and there had been death threats and the earlier killing of another relative, Jimmy. Several prosecution witnesses testified at trial identifying circumstances and prior threats. Fuentes had earlier threatened members of the victim’s family, according to one witness.
Naguita’s defense was denial and an alibi: he testified he was at home with his wife, heard a shout at about 11:30 p.m., went to inform barangay officials with Fuentes, and later accompanied barangay officers to summon police; he denied being at the scene as an assailant and contested Guillerma’s credibility. Barangay officials and neighbors testified for the defense about Naguita’s actions that night; the prosecution offered rebuttal witnesses who contradicted some defense assertions.
The Regional Trial Court (RTC), Branch 40, Cagayan de Oro City, found Naguita guilty beyond reasonable doubt as principal by direct participation of murder ...(Subscriber-Only)
Issues:
- Was the evidence sufficient to convict Elino "Bobong" Naguita beyond reasonable doubt for the killing of Wenifredo Naguita?
- Were the qualifying circumstances of treachery and evident premeditation established?
- What is the proper penalty and the correct quantum ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)