Case Digest (G.R. No. L-67835)
Facts:
People of the Philippines v. Alfredo Zapatero and Jose Zapatero, G.R. No. L-31960, August 15, 1974, Supreme Court Second Division, Aquino, J., writing for the Court.The prosecution charged the Zapatero brothers with the murder of Demetrio Botanes. On March 17, 1968 Botanes attended a picnic at Calm Spring in Barrio Matit, Penarrubia, Abra, with his wife Salvacion and their children. As the party was dispersing that afternoon, while Botanes was near the family car playing with his infant, a single shot was fired from behind. Botanes fell and died shortly thereafter. Salvacion identified at the scene, at a distance of seven to eight meters, Jose Zapatero as the gunwielder and observed his brother Alfredo Zapatero at his side; both fled into the nearby forest. An autopsy by Dr. Gerardo Pizarro revealed a penetrating wound at the nape consistent with a .30 caliber gun and death from gunshot wounds.
Salvacion gave a sworn statement on the evening of March 17 implicating the Zapatero brothers and explaining a motive of revenge tied to a prior killing: Botanes had been allegedly involved in arranging the killing of the brothers’ father, Felix Zapatero. A complaint for murder was filed March 20, 1968; warrants issued; the brothers surrendered in July 1968. They waived the second stage of preliminary investigation and were indicted by information filed October 7, 1968.
At trial in the Court of First Instance of Abra (Criminal Case No. 713) the prosecution relied chiefly on the eyewitness testimony of Salvacion and their son Jaime (Jimmy). The defense offered an alibi that the brothers were in Gattaran, Cagayan, from February to May 1968, and pointed to other suspects previously charged with attempting to kill Botanes. The trial court conducted an ocular inspection, found the eyewitness identifications credible, rejected the alibi as fabricated (concluding the brothers went to Cagayan after the offence to hide), found the killing attended with treachery but not evident premeditation, and convicted each appellant of murder, sentencing them to reclusion perpetua and ordering indemnity of P12,000 to be divided proindiviso between them.
The Zapatero brothers appealed to the Supreme Court, contesting the credibility of the identifications...(Subscriber-Only)
Issues:
- Were the eyewitness identifications by Salvacion Botanes and her son Jimmy sufficiently credible to sustain conviction?
- Was Alfredo Zapatero properly held criminally liable as co-principal despite allegations that only Jose fired the fatal shot?
- Were the aggravating circumstances alleged—particularly treachery and evident premeditation—established?
- Were the appellants’ alibi and the existence of other suspects ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)