Case Summary (A.C. No. 9684)
Charges and Information Filed
On June 4, 1996, an information was filed against Agapito Cabote for the crime of murder, alleging that he attacked Ramil Tero with evident premeditation and treachery, resulting in Tero's death. The accusations specified that Cabote was armed with a scythe, intending to kill Tero.
Evidence Presented by the Prosecution
The prosecution’s case relied heavily on the testimony of Florentino Avenido who detailed witnessing events leading to Tero's death. Avenido, who had escaped from detention, claimed that Cabote threatened Tero for visiting Jessa Ramos, a woman both men were competing for. Avenido saw Cabote approach Tero later that night and, shortly thereafter, witnessed the accused hack Tero with a scythe.
Medical Examination and Cause of Death
Dr. Maria Rena Rimando, the Municipal Health Officer, testified regarding the forensic aspects of Tero's death. She reported that Tero sustained multiple wounds, indicating a violent attack with a sharp object, leading to his death from shock due to the injuries.
Defense Testimony
In his defense, Agapito Cabote testified that he was at home caring for his sick child at the time of Tero’s death. He accused Avenido of fabricating the story, claiming that when Avenido sought refuge at his home later that night, he appeared with bloodstains and a scythe. Cabote’s wife, Elena, corroborated his account, stating that Avenido had approached their home bloodied and admitted to killing Tero.
Trial Court Proceedings and Conviction
The trial court sided with the prosecution, finding Cabote guilty of murder based on Avenido’s credible testimony, notwithstanding the absence of corroborating evidence from additional witnesses. The court emphasized the nature of the attack as treacherous and sentenced Cabote to reclusion perpetua, along with a monetary indemnity to Tero's heirs.
Appeal and Appellant's Arguments
Cabote appealed the conviction, arguing that the trial court erred in trusting the testimony of Avenido, claiming it was uncorroborated. Despite this, the appellate court held that a lone eyewitness’s testimony can be sufficient for conviction if deemed credible.
Assessment of Credibility and Testimony
The appellate court emphasized the trial court’s unique position in assessing witness credibility, affirming its findings due to Avenido’s detailed and straightforward account of the events. Concerns raised by Cabote regarding inconsistencies in Avenido’s testimony were deemed insufficient to undermine the overall credibility of the primary witness.
Delay in Reporting the Crime
Addressing concerns about the six-month delay in Avenido’s report to law enforcement, the court found the delay understandable given Avenido’s fugitive status and fear of being implicated. The court noted that such delays do not inherently discredit a witness's testimony.
Legal Findings on Treachery and Premeditation
The court recognized that the attack on Tero was executed with treachery, as he had no opportunity to defend hi
...continue readingCase Syllabus (A.C. No. 9684)
Case Overview
- Date of Decision: November 15, 2001
- Case Reference: G.R. No. 136143
- Court: First Division
- Judgment: The accused Agapito Cabote was found guilty beyond reasonable doubt of the crime of Murder and sentenced to Reclusion Perpetua, along with civil indemnity and moral damages awarded to the heirs of the victim, Ramil Tero.
Factual Background
- Incident Date: November 12, 1995
- Location: Municipality of Maco, Davao, Philippines
- Victim: Ramil Tero
- Accused: Agapito Cabote, also known as "Pito"
- Motive: Jealousy over Jessa Ramos, whom both Tero and Cabote were courting.
Procedural History
- An information was filed against Cabote on June 4, 1996, charging him with murder, highlighting treachery and evident premeditation.
- The accused pleaded not guilty, leading to a trial where the prosecution presented its evidence, including witness testimony and forensic findings.
Prosecution's Evidence
Key Witness: Florentino Avenido (brother-in-law of Cabote)
- Described prior threats made by Cabote against Tero regarding Jessa Ramos.
- Witnessed the accused approach Tero on the night of the killing and later saw the attack.
- Provided details on the escape from prison and the eventual confession of the crime after being re-arrested.
Forensic Evidence:
- Dr. Maria Rena Rimando examined Tero’s body and noted multiple hack wounds, determining the cause of death as shock from the injuries.
- The nature of the wounds indicated the