Case Summary (G.R. No. 270580)
Applicable Law
The primary legal reference for this case is Article 248 of the Revised Penal Code, which defines murder and establishes the penalties for its commission. The case also addresses the competence of witnesses with intellectual disabilities and the requirements for establishing treachery and conspiracy in prosecution.
Procedural History
Initially, Bragais and Tacuyo were charged with murder through an Information filed on July 19, 2011. Following their not guilty pleas, pre-trial and trial proceedings ensued, culminating in a conviction by the Regional Trial Court on April 27, 2021. Both accused filed an appeal against their conviction, which was subsequently affirmed by the Court of Appeals on April 19, 2023.
Witness Testimony
The prosecution's key witness was Mambo Dela Cruz Delima, who has an intellectual disability. He described witnessing the violent acts committed against Paula, including her abduction and subsequent stabbing. The defense raised concerns about Mambo's competency to testify based on his mental condition, but the trial court found him competent following the submission of a psychiatric report confirming his ability to provide coherent testimony.
Trial Court Findings
The Regional Trial Court concluded that Mambo's testimony was credible and established Bragais and Tacuyo's guilt beyond reasonable doubt. The court determined that the attack on Paula was executed with evident premeditation and treachery, hence classifying the crime as murder. It sentenced the accused to reclusion perpetua and ordered them to pay civil and moral damages.
Appeal and Court of Appeals Decision
On appeal, accused-appellants claimed Mambo should have been deemed an incompetent witness and argued that his testimony was inconsistent and contradicted by expert testimony. The Court of Appeals upheld the trial court's findings, asserting that Mambo's mental condition did not disqualify him as a witness and that the inconsistencies cited did not undermine the essence of the murder charge.
Supreme Court Consideration
Upon review, the Supreme Court affirmed the decisions of the lower courts, highlighting that Mambo's testimony and the surrounding evidence adequately established the elements of murder under Article 248. The court reinforced the modern legal standards regarding the testimony of individuals with intellectual disabilities, asserting that credibility does not automatically preclude testimony based on mental capacity.
Conspiracy and Treachery
The Court found that Bragais and Tacuyo acted in conspiracy, as demonstrated by their coordinated actions during the commission of the crime. Treachery was identified through the manner in which the crime was executed against a defenseless minor, further qualifying the crime as
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Facts of the Case
- Jose Roel Bragais y Sison and Alfredo Tacuyo y Evangelista were charged with the murder of Paula Apilado y Viray, a 12-year-old minor, in Caloocan City on or about July 14, 2011.
- The Information alleged that the accused conspired and used treachery, premeditation, and abuse of superior strength to stab Paula multiple times, which caused her death.
- Both accused pleaded not guilty and were tried in the Regional Trial Court (RTC).
- During pre-trial, parties stipulated to the identities of the accused, Paula's minority, the autopsy report, and death certificate.
- The prosecution presented witnesses including Mambo Dela Cruz Delima (an eyewitness with intellectual disability), and medico-legal expert Dr. Robert Rey Sandiego.
- The defense presented Bragais as the sole witness who denied knowing Paula and gave alibis for the time of the incident. Tacuyo did not testify.
Competence and Credibility of the Eyewitness with Intellectual Disability
- Mambo was identified by his mother Alta as having moderate intellectual disability with a mental age of 3 to 7 years, but competent to testify.
- The trial court permitted leading questions due to Mambo's mental condition but required documentary proof, which was subsequently presented through a Psychiatric Report.
- Jurisprudence affirms that intellectual disability per se does not disqualify a person from testifying; competency depends on perception and ability to communicate coherently.
- Defense initially objected to the leading questions and required proof of mental age; they did not explicitly object to Mambo's competence.
- The RTC and Court of Appeals found Mambo competent and credible, observing that despite some inconsistencies, his testimony was coherent and unwavering in identifying the accused.
Testimony of Mambo Dela Cruz Delima
- Mambo knew Paula from special education classes and identified her from pictures.
- He witnessed the accused forcibly taking Paula, placing tape on her mouth, removing her clothing, stabbing her, and inserting a broken bottle into her vagina.
- He positively identified the accused in court by name and appearance.
- Accused threatened Mambo to keep silent and brandished a knife at him.
- Mambo relayed the incident to Paula's family after the event.
Other Prosecution Evidence
- Lourdes and August Bautista, relatives of Paula, found her dead body in La Loma Cemetery with multiple stab wounds.
- The medico-legal expert testified about 17 stab wounds (9 fatal), hematoma, contusions, and signs indicatin