Case Summary (G.R. No. L-2821)
Factual Background
On July 19, 1969, the three brothers were charged with Murder under Article 248 of the Revised Penal Code after allegedly conspiring to kill Jose Soloria. The information filed on December 3, 1969, indicated that the Moises brothers, acting with evident premeditation and treachery, attacked Soloria with a firearm, a bolo, and stones, inflicting fatal injuries. The trial court subsequently found all three brothers guilty, with Florentino and Eusebio receiving the death penalty and Baltazar receiving an indeterminate prison sentence.
Procedural History
Upon conviction, the Moises brothers appealed the decision of the Court of First Instance of Pangasinan. During the trial, they maintained their innocence and pleaded not guilty. The prosecution relied heavily on the testimony of eye-witness Alejandro Tuvera, whose account formed the basis for the conviction.
Prosecution Evidence
The prosecution's case was built on witness accounts, particularly by Tuvera, who testified that he witnessed Florentino shoot the victim from behind, followed by Eusebio and Baltazar attacking with a bolo and stone, respectively. Additional testimonies corroborated Tuvera's statements regarding the nature of the injuries suffered by Soloria, which were deemed fatal by the autopsy conducted by Dr. Ananias Ramos.
Defense and Alibi
In contrast, the Moises brothers employed a defense of alibi, each claiming to have been in different locations at the time of the crime. Florentino argued that he was at a construction site approximately 15 kilometers from the scene, while Eusebio claimed to have been visiting a relative in Quezon City. Baltazar also asserted he was at the hospital visiting their father around the time of the killing. Their defense attempted to undermine the credibility of witness Tuvera, citing his familial connection to the victim and the timing of his testimony.
Credibility of Witnesses
The appellate court noted skepticism regarding the alibis presented by the accused, emphasizing that the defense of alibi cannot prevail against positive identifications by witnesses. Despite the accused claiming bias on the part of Tuvera, the court recognized his testimony as credible due to the lack of solid grounds to discredit him. It stressed that mere
...continue readingCase Syllabus (G.R. No. L-2821)
Case Background
- The case originates from Criminal Case No. U-1426 in the Court of First Instance of Pangasinan, Branch V at Urdaneta.
- The defendants, Florentino Moises y Sanidad, Eusebio Moises y Sanidad, and Baltazar Moises y Sanidad, were charged with the murder of Jose Soloria, occurring on July 19, 1969.
- The accused were found guilty beyond reasonable doubt of murder, with Florentino and Eusebio receiving the death penalty and Baltazar receiving an indeterminate sentence.
Facts of the Case
- The incident occurred around 12:55 P.M. in Guiset Norte, Poblacion, San Manuel, Pangasinan.
- Jose Soloria was attacked while walking with witnesses Inocencio Pascua and Dominador Mendoza; he was shot from behind and subsequently assaulted with a bolo and a stone.
- The autopsy revealed multiple fatal wounds, including gunshot and incised wounds, leading to Soloria's instantaneous death.
Prosecution's Evidence
- Prosecution witnesses, including Alejandro Tuvera, provided testimony that identified Florentino as the shooter and detailed the subsequent actions of Eusebio and Baltazar.
- The police recovered evidence, including empty .45 caliber shells and a lead bullet, and conducted on-the-spot investigations that corroborated witne