Case Digest (G.R. No. 79123-25)
Facts:
People of the Philippines v. Emeliano Trinidad, G.R. Nos. 79123-25, January 09, 1989, the Supreme Court Second Division, Melencio-Herrera, J., writing for the Court.The prosecution (plaintiff-appellee People of the Philippines) charged accused-appellant Emeliano Trinidad, a member of the Integrated National Police assigned to Nasipit Police Station and resident of Baan, Butuan City, with two counts of Murder and one count of Frustrated Murder for the killing of Marcial Laroa and Lolito Soriano and for an attempted killing of Ricardo Tan. The case was tried before the Regional Trial Court, Branch 7, Bayugan, Agusan del Sur (presided by Judge Zenaida P. Placer).
According to the prosecution’s principal witness, Ricardo Tan, Soriano (a fish dealer) and Laroa travelled with Tan to Buenavista on 20 January 1983 and later that day Soriano drove a Ford Fiera back toward Davao City with Laroa and Trinidad as passengers and Tan driving on the return trip. Between El Rio and Afga, Trinidad—then in uniform and armed with a carbine and a .38 revolver—allegedly told the occupants to drive slowly; Tan then heard two shots and saw Soriano and Laroa slump, both struck in the head. Tan witnessed Trinidad shoot Soriano with a carbine, hid in the bushes, later boarded a passing jeep only to discover Trinidad in that jeep; when he tried to flee Trinidad fired, wounding Tan in the right thigh. Tan escaped and was later assisted by a policeman.
Trinidad’s defenses were denial and alibi. He claimed he left Butuan for Cagayan de Oro on 20 January 1983 for his birthday, which he substantiated by testimony of a sister and Sgt. Caalim, and that he returned to Butuan only on 21 January when he was arrested at Buenavista. At trial the parties submitted evidence and testified; Felimon Comendador corroborated seeing Trinidad riding in the Fiera with Tan, Soriano and Laroa earlier.
The trial court, unconvinced by the defense, issued an “Omnibus Decision” convicting Trinidad of two counts of Murder and one count of Frustrated Murder and sentenc...(Subscriber-Only)
Issues:
- Is the evidence sufficient to prove beyond reasonable doubt that Emeliano Trinidad committed two crimes of Murder and one of Frustrated Mur...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)