Case Summary (G.R. No. L-33327)
Incident Overview
At approximately 2:00 a.m. on August 8, 1970, while riding as a passenger on a motorcycle, Clemente Abellanosa was shot by Almendras, who was also riding on a motorcycle. Following this attack, Abellanosa succumbed to his injuries the following day. The police initiated an investigation, which resulted in charges being filed against Almendras on August 13, 1970, for murder under Criminal Case No. CCC-XIV-136 in the Circuit Criminal Court of Cebu City.
Arraignment and Trial Court Decision
During his arraignment on August 24, 1970, Almendras pleaded not guilty. After a trial, the court delivered a decision on February 27, 1971, which found Almendras guilty of murder and sentenced him to reclusion perpetua, restitution to the victim’s heirs, confiscation of the murder weapon, and the payment of legal costs.
Prosecution's Evidence
The prosecution's case hinged on eyewitness accounts, notably from Marcelo Alit, who testified that he and Abellanosa were fired upon by Almendras. Following the shooting, Almendras and his companion attempted to flee but crashed their motorcycle. A police patrol intercepted the scene and arrested both men. The murder weapon was recovered, further linking Almendras to the crime through both physical evidence and eyewitness identification.
Police Response and Eyewitness Identification
Patrolman Dionisio Cabantan’s testimony played a critical role in the case. He provided the account of pursuing the motorcycle after the shooting and observing Almendras discarding the revolver. Alit positively identified Almendras as the shooter, while additional corroboration came from the recovery of the weapon, which contained live rounds and empty shells.
Defense Argument
Almendras' defense was based on denial and an alibi. He claimed to have been at another location when the shooting occurred, suggesting he was unfairly treated by the police during his arrest. However, this defense was challenged by the direct evidence presented by witnesses.
Assessment of Credibility
The court assessed the credibility of witness testimonies, noting that the circumstances surrounding the identification of Almendras were compelling. Despite arguments that the commonality of a
...continue readingCase Syllabus (G.R. No. L-33327)
Case Overview
- Court: Second Division
- G.R. No.: L-33327
- Date of Decision: July 30, 1982
- Crime Charged: Murder
- Defendant: Florentino Almendras
- Victim: Clemente Abellanosa
Facts of the Case
- On August 8, 1970, at approximately 2:00 a.m., in Cebu City, victim Clemente Abellanosa was shot while riding on the back of a motorcycle driven by Marcelo Alit.
- The assailant, Florentino Almendras, was also riding as a passenger on another motorcycle driven by Rogelio Villamor.
- Following the shooting, Abellanosa was taken to the hospital but succumbed to his injuries on August 9, 1970.
- The police were alerted to the incident and apprehended Almendras shortly after the crime.
Procedural History
- An information was filed on August 13, 1970, charging Almendras with murder.
- Almendras pleaded not guilty during his arraignment on August 24, 1970.
- The trial culminated in a decision by the Circuit Criminal Court on February 27, 1971, where Almendras was found guilty of murder and sentenced to reclusion perpetua, ordered to pay the victim’s heirs P12,000.00, and the confiscation of the murder weapon.
Prosecution's Version of Events
- Testimony from Marcelo Alit indicated that he and the victim were fired upon by Almendras while they were riding a motorcycle.
- After the shooting, Alit noticed t