Case Digest (G.R. No. 242901)
Facts:
On May 21, 1971, at about three o’clock in the afternoon, Vicente Berberabe, together with Severino Asi, went to a cockpit at Batangas City. While Vicente Berberabe was entering the cockpit followed by Severino Asi, they were met by Alejandro Valentino y Tolentino, who pulled out a gun and shot three times at Vicente Berberabe. Vicente Berberabe sustained gunshot wounds and was brought to the Batangas Provincial Hospital, where Dr. Ramon A. Pastor treated him and found multiple gunshot wounds, after which Vicente Berberabe died at 4:20 p.m. on May 21, 1971. A woman vendor inside the cockpit, Pacita Bulaklak, was also hit by the bullets fired by the accused. Pacita Bulaklak died on May 22, 1972, and an autopsy conducted by Dr. Alberto M. Reyes, a medico-legal officer of the National Bureau of Investigation, showed, among others, a gunshot wound of the head. The People’s theory was that the accused’s shots caused the deaths of both victims, and the accused denied the crimes, claim...Case Digest (G.R. No. 242901)
Facts:
On May 21, 1971, at about three o’clock in the afternoon in Batangas City, Vicente Berberabe together with Severino Asi went to a cockpit where Alejandro Valentino y Tolentino shot Vicente Berberabe three times, and Pacita Bulaklak, a woman vendor inside the cockpit, was also hit by the same shots. Vicente Berberabe died at 4:20 p.m. in the Batangas Provincial Hospital, while Pacita Bulaklak died on May 22, 1972, with an autopsy showing a gunshot wound of the head.The accused denied the charges and asserted alibi that he was in San Miguel, Bulacan on the whole day in question. The Circuit Criminal Court of Batangas City found him guilty of Murder (Crim. Case No. CCC-VIII-191 (71)) and Homicide (Crim. Case No. CCC-VIII-192 (71)), imposing the respective prison terms and indemnities, and the Intermediate Appellate Court sustained the propriety of the penalty in the Murder case and certified the cases for review.
Issues:
- Whether the accused’s alibi should prevail over the prosecution evidence identifying him as the gunman.
- Whether the trial court erred in convicting the accused for murder and homicide based on the credibility of witnesses.
- Whether the penalties and indemnity imposed by the trial court should be modified.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)