Case Digest (G.R. No. 66884)
Facts:
People of the Philippines v. Vicente Temblor alias "Ronald," G.R. No. 66884, May 28, 1988, Supreme Court First Division, Grino‑Aquino, J., writing for the Court.The respondent in the criminal information was Vicente Temblor alias "Ronald" (defendant‑appellant), charged in Criminal Case No. 1890 of the Court of First Instance of Agusan del Norte and Butuan City with the murder of Julius Cagampang. The information alleged that on the evening of December 30, 1980 at Talo‑ao, Buenavista, Agusan del Norte, Temblor, in conspiracy with Anecito Ellevera (at large), attacked and shot Cagampang with treachery, inflicting mortal wounds.
At arraignment on June 8, 1982 the accused pleaded not guilty. After trial the court convicted him of murder and imposed reclusion perpetua with accessory penalties under Articles 41 and 42 of the Revised Penal Code, and ordered indemnity of P12,000 to the heirs. The accused appealed.
The prosecution established that at about 7:30 p.m. on December 30, 1980 Cagampang, his wife Victorina, and their children were in a store adjacent to their home when the accused entered to buy cigarettes. A burst of gunfire felled Cagampang. Victorina identified the accused inside the well‑lit store as one of two persons who entered, demanded her husband’s firearm, and fired additional shots; the accused then took Cagampang’s .38 revolver from a suitcase and fled. Tricycle driver Claudio Sabanal corroborated seeing the accused at the store and hearing the shots. Dr. Alfredo Salanga’s post‑mortem found three gunshot wounds.
Temblor defended on the ground of alibi, claiming he had been at Silverio Perol’s house in Camagong, Nasipit from 4:00 p.m. on December 30 until 8:00 a.m. the next day. The prosecution introduced a personnel certification and a time record showing Perol at work on December 31, which the accused failed to overcome. The accused and an accomplice allegedly hid with NPA members after the killing; Temblor later surrendered in August 1981 and was arrested on November 26, 1981.
The trial court found the eyewitness id...(Subscriber-Only)
Issues:
- Was the accused positively identified as the killer of Julius Cagampang?
- Was the accused’s defense of alibi properly reject...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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