Case Summary (A.M. No. R-146-P)
Details of the Incident
On the night of the crime, Uy Un was asleep in the house of his nephew, Siaba, when he was shot twice by carbine bullets fired from outside. The investigation revealed two bullet wounds on Uy Un's body and the presence of two .30 caliber bullet slugs and empty shells near the crime scene. Several witnesses in the vicinity heard the shots but were unable to identify the shooter.
Investigation and Initial Findings
Following the shooting, local law enforcement, including the chief of police and a justice of the peace, conducted a preliminary investigation. The chief of police soon encountered Jose Carbido, who was found to be in possession of a carbine that implicated Banayad, leading to the latter's initial questioning. Banayad claimed he was at home on the evening of the murder, stating the carbine was borrowed, initially absolving him of any involvement.
Conflicting Testimonies and Subsequent Investigations
Banayad’s statements changed significantly during later questioning by military police and judicial authorities. Initially, he maintained an alibi, but then he altered his narrative, alleging to have been influenced by the Pabon brothers, who purportedly coerced him into participating in the murder. Ultimately, in a later confession, Banayad claimed direct responsibility for the shooting, citing orders from a town mayor, Gaudencio Medinilla, as his motivation.
Corroboration and Defense Strategy
The defense presented testimonies supporting Banayad's alibi that he had not left his home that night. However, these accounts were weak and conflicted. Witness Simeona Montero testified seeing Banayad on a carabao near the crime scene around the time of the murder, contradicting his alibi.
Legal Findings and Court’s Conclusion
The trial court ultimately convicted Banayad of murder, sentencing him to life imprisonment and the imposition of accessory penalties. The appellate court found that there was substantial evidence supporting the conviction, notably the confessions made by Banayad which were considered voluntary and consistent with the physical evidence. The court ruled that there was no credible evidence of coercion in obtain
...continue readingCase Syllabus (A.M. No. R-146-P)
Case Background
- The case arises from an appeal by Arsenio Banayad, who was convicted of murder by the Court of First Instance of Quezon.
- The victim, Gregorio Reyes Uy Un, was shot while asleep on the floor of his nephew Siaba’s house in barrio Vigo Kantidang, San Narciso, Quezon province on the evening of October 14, 1946.
- Two bullets struck Uy Un, one entering his abdomen and exiting below the clavicle, and the other entering below the navel and exiting above the left nipple, indicating a parallel trajectory.
Investigation Details
- The police investigation revealed two .30 caliber slugs near the cadaver and two empty .30 caliber carbine shells found under the house siding.
- Jose Carbido was found carrying a carbine and claimed to have borrowed it from the appellant, Arsenio Banayad.
- The carbine was unlicensed and was confiscated during the investigation.
Appellant's Statements
- Initially, Banayad denied any involvement, stating he was at home the entire night of the crime.
- On November 2, 1946, during questioning by military police, he changed his story, claiming he was with Leoncio Hanabaab, who confessed to the shooting.
- Later, Ban