Case Summary (G.R. No. 139456)
Procedural History
Adones Abatayo was arraigned on the charges and pleaded not guilty. The prosecution presented several witnesses, including Juanito Gutang, who testified about the events leading to the murder. The trial experienced several postponements due to various reasons, including the absence of witnesses. Ultimately, the prosecution rested its case, and the defense presented its witnesses, establishing Abatayo's alibi.
Prosecution’s Case
The prosecution’s evidence included eyewitness testimony from Juanito Gutang, who stated that he witnessed Abatayo attacking the Basalan brothers with a pipe. Other witnesses confirmed the aftermath of the incident, including the discovery of the victims' bodies and the circumstances surrounding the attack. The public prosecutor also presented a necropsy report indicating that the victims died from severe head injuries.
Defense’s Position
Abatayo, through his defense, claimed he left the job site on the evening of September 9, 1993, and went home, corroborated by several witnesses who testified to his whereabouts. The defense challenged the credibility of the prosecution’s eyewitnesses, emphasizing the inability to complete cross-examination on Juanito Gutang's testimony.
Trial Court's Decision
The Regional Trial Court found Abatayo guilty of two counts of murder, imposing a sentence of reclusion perpetua (life imprisonment) for each count. The court based its conviction on the solid testimony of Juanito, asserting that the alibi offered by Abatayo lacked credibility.
Appeal and Legal Issues
On appeal, Abatayo raised several issues:
- The trial court erred by not removing Gutang's testimony due to incomplete cross-examination.
- The court improperly assigned probative value to Gutang's unfinished testimony.
- The conviction was not supported by proof beyond reasonable doubt.
Right to Cross-Examine
The court addressed the appellant's right to confront witnesses, asserting that while the right to cross-examine is fundamental, it may be waived if not asserted properly. Abatayo did not object or actively pursue the completion of the cross-examination at various stages during the trial, leading to the determination that he waived this right.
Credibility of Witnesses
The Supreme Court emphasized the credibility of Juanito's testimony, considering it coherent and consistent. The absence of any motive for Juanito to falsely accuse Abatayo reinforced the trustworthiness of his identification of the appellant as the perpetrator of the crime.
Analysis of Treachery and Premeditation
The appellate court found that the lower court’s finding of treachery and evident premeditation was not supported by evidence. The eyewitness’s account did not sufficiently demonstrate that the attack was sudden and left the victims without a chance to defend themselves. Thus, the appeal judges determined that neither treachery nor evident premeditation was established.
Alibi and Denial
The court held that Abatayo's alibi was weak and could not overshadow the eyewitness account. It noted that alibi becomes more implausible when it is corroborated only by relatives, and Abatayo's flight after the incident indicated consciousness of guilt.
Duplicity of
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Case Overview
- The case is an appeal from the Decision of the Regional Trial Court of Mandaue City, Branch 56, which found Adones Abatayo guilty of two counts of murder.
- The appellant was sentenced to reclusion perpetua for each count.
- The indictment charged the appellant with deliberately attacking Dominador Basalan and Teofredo Basalan with a GI pipe, resulting in their instantaneous deaths on September 10, 1993.
Procedural Background
- The appellant pleaded not guilty upon arraignment.
- The prosecution presented several witnesses, including Juanito Gutang, whose direct testimony was interrupted and later continued after a postponement due to illness.
- The trial court allowed the prosecution to present other witnesses and subsequently admitted Juanito's affidavit despite the incomplete cross-examination.
Prosecution's Case
- The victims, Teofredo and Dominador Basalan, were construction workers who resided with their mother, Silvina Basalan.
- On the night of September 9, 1993, several workers, including Juanito Gutang, were present at their quarters.
- At around 3:00 AM, Juanito heard a thud and witnessed the appellant attacking the Basalan brothers with a lead pipe.
- Juanito reported the incident to security guards, leading to a police investigation that uncovered the bodies and the murder weapon.
- Dr. Ladislao V. Diola, Jr. conducted a post-mortem examination, concluding that the victims died from head injuries.
Evidence Presented
- Juanito's testimony was pivotal, describing the attack and identifying Adones as the assailant.
- Other witnesses corroborated