Title
People vs. Fulinara y Apucada
Case
G.R. No. 88326
Decision Date
Aug 3, 1995
Two men, identified by eyewitnesses, kidnapped and murdered Sy Bun Tue in 1981, later found hogtied with fatal injuries. Despite alibis, possession of the victim's car and credible testimonies led to their conviction for kidnapping with murder, upheld by the Supreme Court.
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Case Summary (G.R. No. 88326)

Charges and Pleas

The accused were charged under an Information for allegedly conspiring to kidnap Sy Bun Tue on June 9, 1981, in Kalookan City and subsequently murdering him by shooting. Both Fulinara and Bautista entered pleas of not guilty at their arraignment.

Prosecution's Evidence

The prosecution presented eleven witnesses, including Pedro Beltran, a security guard who observed the abduction, and Remedios Rasonabe, a carinderia owner nearby. Testimonies revealed that two men in military uniform and armed with firearms stopped Sy Bun Tue, forced him into his own car, and drove away. The circumstances of the abduction and subsequent findings of the victim's body were corroborated by multiple witnesses.

Discovery of the Victim's Body

On June 10, 1981, Sy Bun Tue's body was discovered in a ravine, bearing signs of multiple physical injuries consistent with violent assault and gunshot wounds. An autopsy confirmed death due to a gunshot wound.

Arrest and Identification of Accused

On August 23, 1981, police apprehended Fulinara and Bautista in possession of the victim's olive green Lancer car. Both accused claimed ownership, which was later found to be inconsistent with their defenses. Fulinara's statement regarding acquiring the car from a friend was discredited by a polygraph examination that labeled his claim as false.

Defense Claims

The defense presented testimonies supporting the alibi of both accused, asserting they were on official military duty in different locations at the time of the crime. However, the prosecution highlighted the physical proximity of the alleged locations to the crime scene and the feasibility of their return to Kalookan City.

Judgment of the Trial Court

On January 31, 1989, the trial court convicted both accused-appellants of kidnapping with murder and sentenced them to reclusion perpetua, alongside financial compensations for the victim's heirs, including damages for funeral expenses and moral losses.

Appeals and Arguments

The accused-appellants appealed on several grounds, primarily asserting that the trial court gave undue weight to prosecution witnesses while disregarding the evidence provided by their own witnesses. They also contended that the identity evidence presented against them was flawed and that their alibi was credible. Furthermore, they argued the decision's legitimacy was compromised as the presiding judge did not personally hear the testimony.

Court's Analysis of Evidence and Credibility

The appellate court upheld the trial court's findings, emphasizing the meticulous nature of the trial judge’s evaluation of the evidence and the testimonies of the prosecution witnesses. The presence of corroborative and consistent eyewitness accounts of the abduction played a pivotal role in establishing the identities of the accused.

Affirmation of Verdict

The appellate court dismissed the accused's claims a

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