Case Digest (G.R. No. 90295)
Facts:
People of the Philippines v. Benhur Tahuyan y Adon, G.R. No. 90295, February 05, 1993, Supreme Court Second Division, Nocon, J., writing for the Court.In the early morning of January 24, 1984, barangay Migcawayan, Damulog, Bukidnon, was attacked by about fifty armed men; seven residents were killed, four injured, several houses were shot at and burned, and livestock and personal property were taken. The prosecution identified Benhur Tahuyan y Adon (accused-appellant) as one of the raiders and charged him with robbery in band with multiple murder and physical injuries with the use of unlicensed firearms in Regional Trial Court (RTC), Branch 9, Malaybalay, Bukidnon (Criminal Case No. 4011).
The RTC, after trial, found the accused guilty as charged and sentenced him to reclusion perpetua and ordered payment of P30,000.00 to the heirs of each of the seven victims (Decision promulgated June 29, 1989). The conviction rested principally on the testimony of prosecution eyewitness Gregorio Bagares, who testified that he saw the accused standing guard outside his house during the raid and identified him by name, having seen him before at a CHDF training.
On appeal before this Court, the accused relied on alibi: he asserted that from January 19 to February 4, 1984 he was ill with flu and confined at home, attended by Enrique Dagawasan (his parent‑in‑law and a PANAMIN Project Officer), who testified for the defense that he treated the accused on the date of the raid. The trial court rejected the alibi, crediting Bagares’s positive identification; the accused maintained on appeal that the identification was unreliable and that Bagares bore animus ...(Subscriber-Only)
Issues:
- Was the accused-appellant’s alibi sufficient to overcome the prosecution’s positive eyewitness identification?
- Should the RTC conviction and award of damages be affirmed, reversed, or modified...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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