Case Digest (G.R. No. 88042)
Facts:
People of the Philippines prosecuted Gregorio Sagadsad and the brothers Jesus, Osias, and Ramon Atendido for murder for the death of Alicio Bulan after an attack at Barangay Matugnao, Municipality of Palanas, Province of Masbate on or about April 16, 1981. At trial, the prosecution presented Dr. Ernesto Tamayo and eyewitness Fortunato Tamayo, while Cpl. Ariel Batiancela testified on Ramon Atendido’s surrender, and the defense interposed denial, self-defense (only for Ramon), and alibis (for the other accused). The Regional Trial Court (Branch XLIV, Masbate) convicted the accused, including a finding of conspiracy, and imposed Reclusion Perpetua on all except Ramon Atendido, who received a graduated penalty, plus damages and costs; Ramon and Jesus, Osias, Gregorio appealed.
Issues:
- Whether Fortunato Tamayo’s identification and account of the attack were credible despite being related to the victim.
- Whether Ramon Atendido’s claim of self-defense was credible in light of the evidence.
- Whether the alibis of Gregorio Sagadsad and Osias Atendido, and the reliance on Cpl. Batiancela’s testimony, warranted acquittal of the other accused.
- Whether conspiracy among the accused was sufficiently established for Gregorio Sagadsad and Ramon and Osias Atendido, and for Jesus Atendido.
Ruling:
The Court affirmed the conviction of Gregorio Sagadsad and Ramon and Osias Atendido, holding that Fortunato Tamayo’s testimony was credible and corroborated by the medical findings, that self-defense was negated by the physical and testimonial evidence of intent to kill, and that the alibis failed the test of full, clear, and satisfactory evidence. The Court also rejected the attempt to treat Cpl. Batiancela’s testimony as sufficient to establish involvement beyond what was shown.
However, the Court acquitted Jesus Atendido, finding that the record contained no proof of his presence at the scene of the crime, despite the trial court’s finding of conspiracy.
Ratio:
The Court gave weight to Fortunato Tamayo’s categorical identification and participation in the attack, noting that the mere relationship of the witness to the victim did not by itself destroy credibility absent evidence of ill motive, and that the medical evidence supported the nature and fatality of the wounds described. It further ruled that self-defense could not stand because the number of wounds and Ramon Atendido’s own statements showed that his acts were no longer defensive but a determined effort to kill.
On alibi, the Court stressed that it requires proof of both where the accused was and physical impossibility to be at the crime scene, and it found that Gregorio Sagadsad and Osias Atendido failed to establish such impossibility. As to Jesus Atendido, the Court found no evidence of his presence at the scene, and thus conspiracy could not be imposed on him on the record before the Court.
Doctrine:
- The trial court’s factual findings on witness credibility are respected on appeal absent a showing of misapprehension of facts of substance.
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