Case Digest (G.R. No. L-49154)
Facts:
Lucy Ramos v. Court of Appeals and People of the Philippines, G.R. No. L-49154, August 13, 1990, Supreme Court First Division, Grino-Aquino, J., writing for the Court.The accused is Lucy Ramos; the respondents are the Court of Appeals (which decided CA-G.R. No. 16682-Cr.) and the People of the Philippines. The Ramos family lived in Pakuan, near La Libertad, Negros Oriental. On or about December 1–2, 1966 an altercation occurred between members of the Ramos family and their neighbors, the Fundador brothers, Wilson and Acciles Fundador. During the disturbance Acciles was shot in the chest and other parts of the body and required extended hospitalization and surgery.
A complaint for frustrated murder was filed in the Municipal Court of La Libertad on December 6, 1966. An Information for frustrated murder was later filed on February 12, 1968 in the Court of First Instance of Negros Oriental (trial court) naming the spouses Clemente and Lucy Ramos. The trial proceeded: after the prosecution rested, the fiscal moved for and obtained dismissal of the charge against Clemente Ramos for insufficiency of evidence; the trial court thereafter convicted Lucy Ramos on March 26, 1974 and imposed an indeterminate sentence (minimum four years, two months and one day prision correccional to maximum ten years and one day prision mayor) and ordered indemnity and moral damages.
On appeal, the Court of Appeals in CA-G.R. No. 16682-Cr. affirmed the conviction on March 20, 1978. After denial of reconsideration, Lucy Ramos sought review by the Supreme Court by filing the present petition for review. The prosecution’s case relied chiefly on the testimony of Acciles and Councilor Graciano Esler; the defense presented several witnesses (including the Ramoses’ son Steve, mechanic Wani Cabanag, Artemisa Gantalao, and others) who testified that the houseboy, Venancio Estrabella, had fired the shot. At early police examination Acciles either identified Clemente or said he saw only a figure; seven years later at trial (February 1, 1973) he positively identified Lucy as the shooter. The houseboy initially admitted t...(Pro-only)
Issues:
- Whether the prosecution proved beyond reasonable doubt that Lucy Ramos was the triggerman and guilty of frustrated mur...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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