Case Digest (G.R. No. 88872)
Facts:
People of the Philippines v. Virgilio Osias y Mallari and Fernando Sanchez y de la Cruz, G.R. No. 88872, July 25, 1991, Supreme Court Second Division, Sarmiento, J., writing for the Court.On April 25, 1984 at about 10:00 a.m., Romeo Cuaderno was assaulted along J.P. Rizal Street, Kalookan City: Fernando "Dodo" Sanchez attempted to seize Romeo's bicycle and, while the two grappled, Virgilio "Benjie" Osias allegedly stabbed Romeo in the neck with a six-inch double-bladed knife. Romeo staggered toward Martinez Hospital but collapsed and died at 10:30 a.m.; the medical evidence showed a deep stab wound lacerating vital structures. The only prosecution eyewitness was Ricardo Durana, who said he observed the incident from about six meters away in front of a pharmacy and later reported the incident to the victim’s relatives; Durana gave a sworn statement to the police on May 3, 1984.
An information for robbery with homicide (Art. 294, par. 1, Revised Penal Code) was filed on May 24, 1984 against Osias and Sanchez. Osias was arrested on January 1, 1987 and pleaded not guilty on January 26, 1987; Sanchez was not apprehended and the case against him was ordered archived by the trial court. Trial began before Judge Cancio C. Garcia (who conducted testimony) and the decision was penned by Judge Rene Victorino finding Osias guilty as principal of robbery with homicide, sentencing him to reclusion perpetua, ordering indemnity (trial court fixed P30,000) and return/value of the bicycle, with credit for preventive imprisonment. Osias appealed to the Supreme Court.
At trial Osias asserted an alibi: he testified he spent April 25, 1984 at his family residence preparing coconut jam with his sisters and later went t...(Subscriber-Only)
Issues:
- Did the trial court err in accepting Ricardo Durana’s testimony as credible despite alleged inconsistencies and his delay in reporting the crime?
- Does the fact that Durana received money from the victim’s father render his testimony incredible as a matter of law?
- Was Durana’s identification of appellant sufficiently positive to sustain conviction for robbery with homicide ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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