Facts:
The People of the Philippines v. Philip Valdemoro, G.R. No. L-51367, January 22, 1981, Supreme Court First Division, Melencio-Herrera, J., writing for the Court.
The criminal prosecution arose from the fatal shooting of
Josefino Rejuso on May 27, 1972. An Information dated July 26, 1972 charged
Philip Valdemoro (defendant‑appellant) together with Federico Vargas, Rolando Cos, John Doe and Richard Doe with Murder. Because Valdemoro was related to an Assistant Provincial Fiscal, the case was transferred on August 11, 1972 to the Circuit Criminal Court, 10th Judicial District (Criminal Case No. CCC‑X‑183). Arraignment occurred September 22, 1972; trial commenced in November 1972.
During pretrial reinvestigation the defense presented a written confession by
Ricardo Arcueno, who was later added as an accused in an Amended Information (filed November 9, 1972). Arcueno, a 16‑year‑old, initially pleaded guilty but the trial court withdrew that plea after finding he did not appreciate the aggravating circumstances; the court declined defense counsel’s offer to have him plead to homicide. On November 10, 1972 the prosecution moved to dismiss the charge as to Arcueno for lack of competent evidence linking him to the crime; on November 14, 1972 the trial court granted that motion and dismissed Arcueno from the Information.
Trial proceeded with eyewitness testimony from Reynaldo Khiong and Nylon Espenilla identifying Valdemoro as the shooter. The defense presented Arcueno, Marianito Alba and others who claimed Arcueno shot the victim in self‑defense; Dr. Levi Osea testified that a hospital history record contained an entry “unknown” as to the assailant. Valdemoro himself denied being present. On April 6, 1973 the Circuit Criminal Court convicted Valdemoro of Murder (qualified by treachery), acquitted Vargas and Cos, and imposed a prison term (as stated in the lower court judgment) and indemnity. Valdemoro appealed to the Court of Appeals.
In CA‑G.R. No. 16159‑CR the Court of Appeals, in a decision promulgated July 30, 1979, affirmed the...
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Issues:
- Did the dismissal of the charge against Ricardo Arcueno by the prosecution and trial court deprive Philip Valdemoro of due process?
- Should the trial court have credited Arcueno’s confession and related defense evidence so as to acquit Valdemoro instead of accepting the prosecution eyewitnesses’ identifications?
- Was the killing attended by treachery, and was the Court of Appeals correct in modif...(Subscriber-Only)
Ruling:
Ratio:
Doctrine: