Case Digest (G.R. No. 129793)
Facts:
People of the Philippines v. Augusto Tanzon y de los Reyes, G.R. No. 129793, December 15, 1999, Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.The People of the Philippines (plaintiff‑appellee) prosecuted Augusto Tanzon y de los Reyes (accused‑appellant) for the crime of murder arising from the killing of Lemuel Juanillo y Egeron on the evening of November 19, 1994, in Novaliches, Quezon City. According to the prosecution, the victim and his common‑law wife, Liza Quilang, passed by accused‑appellant’s house where he and friends were drinking; accused‑appellant allegedly fired a long metal pipe at the victim from behind, then returned with a small gun and shot the prostrate victim, while companions kicked, dragged and further assaulted the victim.
Witnesses for the prosecution—Liza Quilang and neighbor Paz Tumbagahan—testified to seeing accused‑appellant fire at the victim and to subsequent attempts on Liza’s life by accused’s son. The police removed the body; an autopsy revealed nine shotgun wounds and a separate gunshot wound, abrasions, pellets recovered consistent with a shotgun commonly known as “sumpak,” and a paraffin (gunpowder residue) test on accused’s right hand was positive.
Accused‑appellant pleaded not guilty and offered alibi/denial testimony: he said he was hosting his daughter’s birthday party; two uninvited men caused a disturbance, shots were heard from the upper portion of the street, and he herded guests into his house. Several defense witnesses (including the barangay secretary and the birthday celebrant) corroborated parts of this account, though their testimonies contained discrepancies among themselves.
The Regional Trial Court, Branch 83, Quezon City, found accused‑appellant guilty of murder on June 30, 1997 and senten...(Subscriber-Only)
Issues:
- Did the trial court err in convicting accused‑appellant of murder despite alleged inconsistencies and credibility issues in the prosecution witnesses?
- Do the autopsy findings and forensic evidence (gunshot wounds, pellets, abrasions, and paraffin test) support the conviction?
- Does the non‑presentation of the murder weapons by the prosecution invalidate the conviction?
- Was the aggravating circumstance of cruelty established?
- Should the award to the heirs include civil indemnity in a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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