Facts:
On May 10, 1981, in the district of Tondo, Manila,
Luis Martinez was found dead on Mabagos street with two wounds and several abrasions on his chest, welt marks around his neck, and banana peelings stuffed in his mouth. The body was discovered in the early morning hours, and Martinez was immediately recognized by residents, prompting rumors of another person who had been in hiding for fear of further violence. Investigation revealed that
Federico Sanchez, a homosexual beautician also known as “Manuela,” had sought refuge in a police outpost and was found there the following day, where he later became the principal prosecution witness in two cases for murder and frustrated murder on appeal. The accused were
Alfredo Taruc y Sapan and
Antonio Efe, Jr. y Leyce, both of whom were convicted by the trial court. In
Criminal Case No. 61218 (murder of Martinez), the trial court sentenced Taruc to
reclusion perpetua, and ordered him to indemnify Martinez’s heirs, reimburse funeral expenses, and pay specified amounts for travel and attorney’s fees. In
Criminal Case No. 61219 (frustrated murder of Sanchez), the trial court imposed an indeterminate penalty of prision correccional as minimum to prision mayor as maximum, together with accessory penalties and costs. At the time the judgment was promulgated on March 9, 1984, Efe had already died of pulmonary tuberculosis while detained in the city jail of Manila, and the appeal was taken only by Taruc. At trial, the prosecution relied heavily on the testimony of Sanchez. Sanchez testified that at about
2:30 a.m. of May 10, 1981, after leaving a “gay” dinner-dance and while talking with two women on a street corner, Taruc approached him and asked him to come with him to his house. Upon arrival, Sanchez witnessed Efe strangling Martinez with a nylon cord with wooden handles at each end and forcing banana peelings into Martinez’s mouth. Sanchez described Martinez as appearing helpless, with his tongue hanging out and resistance that was limited. Sanchez further narrated that Martinez was being questioned about the whereabouts of a person referred to as “Boy Baba,” whom Taruc had been stabbed by weeks earlier, and when Martinez could not or would not answer, Taruc then drew a length of wire around Sanchez’s neck and stabbed him in the thigh three times with a
balisong, while slashing Sanchez’s dress and warning that both he and Martinez would die that night unless Boy Baba’s location was disclosed. According to Sanchez, Taruc and Efe then changed places, with Efe boxing Sanchez in the mouth, poking a gun at him, and taking over the strangling, while eventually releasing Sanchez to help Taruc when it appeared Taruc still needed assistance due to his injuries. During this time, Sanchez stated that both accused continued forcing banana peelings into Martinez’s mouth and strangling him, and they also stabbed Martinez in the chest. Sanchez then seized the opportunity to escape, ran out of the house, and hid in a police outpost until the following day, when he reported the incident. The trial court found Sanchez’s account credible and treated it as corroborated by physical and medical evidence. An autopsy report and medical testimony showed that Martinez died of
asphyxia by strangulation with two stab wounds in the chest at about
2:30 a.m. of May 10, 1981, and that banana peelings were found in Martinez’s mouth and stomach. The physician who examined Sanchez on May 11, 1981 found a circumferential abrasion in the neck and punctured wounds in the thigh that were already closed, described as superficial and expected to heal. Also, a witness, Flor Dalangin, testified that after the discovery of the corpse she saw Taruc at the window with his chin resting on his hands and smirking at the crowd around the dead Martinez. On damages, Martinez’s father testified to funeral and related expenses incurred upon his return from Canada. Taruc’s defense consisted mainly of denial and alibi. He asserted that he was asleep from
9:00 p.m. of May 9, 1981 until
7:00 a.m. the following morning, when a neighbor informed him of the dead body. Taruc’s claim was corroborated by his common-law wife,
Angelina Comendador, and her sister Amelita; however, the trial court found Angelina’s testimony unhelpful because it contained repeated statements that Taruc was asleep for hours that were inconsistent with the relevant dates and timeframes of the prosecution’s theory. The trial court also disbelieved the defenses offered by Efe, who similarly relied on alibi, and rejected corroboration offered by another witness who contradicted Efe’s claim of illness and sleep. On appeal, Taruc assigned errors challenging the credibility of Sanchez, the trial court’s acceptance of the time of death, the finding that Taruc had the strength to strangle Martinez despite his earlier stab wounds, and the application of the constitutional presumption of innocence. The Court reviewed these assignments and modified the convictions accordingly, affirming murder but changing the conviction for frustrated murder, and setting aside the liability of Efe entirely due to his death before final judgment.
Issues:
Whether the trial court erred in finding
Taruc guilty of
murder and in qualifying the offense, and whether it likewise erred in convicting him of
frustrated murder of Sanchez and imposing the corresponding penalties and damages, in light of alleged inconsistencies in Sanchez’s testimony, the alleged time of death of Martinez, Taruc’s claimed lack of strength, and the supposed failure to apply the
presumption of innocence.
Ruling:
Ratio:
Doctrine: