Case Digest (G.R. No. 179154)
Facts:
People of the Philippines v. Roger Perez and Danilo Perez, G.R. No. 179154, July 31, 2009, Supreme Court Second Division, Quisumbing, J., writing for the Court. On August 1, 2000 an Information charged appellants Roger Perez and Danilo Perez with murder (Article 248, RPC) for the stabbing death of Fulgencio Maglente Cuysona on January 29, 2000 in Quezon City. The complaint alleged conspiracy, evident premeditation, treachery and abuse of superior strength; both accused pleaded not guilty.At trial the prosecution presented two eyewitnesses, Ariel Baque and Rolando Gangca, who testified they saw Danilo stab the victim in the back and Roger stab him in the chest, assisted by a third unidentified man who restrained the victim. The victim’s widow, Araceli Cuysona, testified as to death and damages. The prosecution also offered a Medico-Legal Report in the records but did not present the physician who prepared it.
The defense presented SPO1 Resty San Pedro (whose direct examination was dispensed by stipulation), Francisco Dayola, Jr., and the appellants. By stipulation, Danilo admitted in a typewritten question-and-answer statement that he stabbed and killed the victim; Danilo later testified and confirmed that he stabbed the victim and surrendered months after the incident. Roger testified he was at home asleep that night and denied participation; his alibi lacked corroboration by his wife.
On February 11, 2005 the Regional Trial Court (Quezon City, Branch 81) found both appellants guilty of murder and sentenced them to reclusion perpetua and awarded indemnity, actual and moral damages. On appeal the Court of Appeals, in CA‑G.R. CR HC No. 01586, affirmed with modification on May 31, ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the guilt of appellant Roger Perez?
- Did the trial court err in convicting appellant Danilo Perez of murder rather than ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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