Case Digest (G.R. No. 184500)
Facts:
People of the Philippines v. Wenceslao Nelmida @ "Eslao," and Ricardo Ajok @ "Pordoy," G.R. No. 184500, September 11, 2012, the Supreme Court En Banc, Perez, J., writing for the Court. The appeal arose from the ambush on 5 June 2001 of Mayor Johnny Tawantawan and his security escorts in San Manuel, Lala, Lanao del Norte; two escorts (PO3 Hernando P. Dela Cruz and T/Sgt. Ramon Dacoco) died and several others were wounded. An Amended Information (3 October 2001) charged appellants and multiple co-accused with double murder with multiple frustrated murder and double attempted murder.At the Regional Trial Court (RTC), Branch 21, Kapatagan (Decision dated 30 September 2005, Presiding Judge Jacob T. Malik), appellants Wenceslao and Ricardo, who pleaded not guilty, were tried. Prosecution witnesses included eyewitness victims (Macasuba Tandayao, Mosanip Ameril, PFC Gapor Tomanto, PFC Haron Angni, Juanito Ibunalo) and an accused-turned-state-witness Samuel Cutad; the trial court found their in-court identifications credible and convicted appellants of the complex crime charged, sentencing them to reclusion perpetua and ordering indemnities and other damages.
On appeal, the Court of Appeals (Decision 18 June 2008) affirmed the RTC, holding the alleged inconsistencies in prosecution testimony to be minor and that in-court positive identifications prevailed over appellants’ denials and alibi defenses. Appellants elevated the case to the Supreme Court by Notice of Appeal.
The Supreme Court required supplemental briefs and heard arguments on issues of witness credibility, the weight of denial/alibi and flight, and the proper application of Article 48 of the Revised Penal Code (complex crime) versus separate counts for multiple deaths and wounds. The Court reviewed the record of identifications, Samuel’s sworn statement and in-court testimony, physical evidence recovered after the ambush (including an M-16 with a defaced serial number, grenade and related ite...(Subscriber-Only)
Issues:
- Did the trial court err in assessing and accrediting the credibility of prosecution witnesses whose in-court identifications and testimonies allegedly contain inconsistencies and possible ill motive?
- Whether appellants’ defenses of denial and alibi, and their post-ambush movements (flight), negate the prosecution’s case.
- Whether the killings and injuries constitute a single complex crime under Article 48 of the Revised Penal Code or separate offenses (two counts of murder and seven counts of attempted murder).
- What are the proper pena...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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