Case Summary (G.R. No. 138608)

Case Background and Charges

• Accused: Rolando Tamayo, Julio Tamayo, Florencio Patalinghug, Jr., and Natividad Tamayo.
• Charges: Double murder for the deaths of Leodegario Fuentes and Renante Fuentes.
• Incident Date: October 25, 1994, at approximately 7:30 PM in Malabuyoc, Cebu.
• Allegations: The accused allegedly conspired to kill the victims using a handgun, resulting in multiple gunshot wounds and their instantaneous deaths.

Procedural History

• Initial Plea: The accused entered a plea of not guilty.
• Bail Motions: Motions for bail were denied by the Regional Trial Court (RTC) of Cebu City.
• Case Transfer: The case was transferred to RTC-Oslob, Cebu, following the establishment of the new court.
• Prosecution Evidence: Several witnesses were presented, including Lilia Fuentes, who provided a detailed account of the incident.

Eyewitness Testimony

• Lilia Fuentes described the events leading to the shooting, identifying the accused as they entered her home.
• Rolando Tamayo shot Leodegario Fuentes, followed by a shot that hit Renante Fuentes.
• Lilia expressed fear during the incident and later sought refuge with neighbors.
• The bodies of the victims were discovered shortly after the incident.

Police and Medical Testimony

• SPO2 Faustino Filipinas testified about the police report and subsequent arrests of the accused.
• Dr. Danilo Cabigon conducted autopsies, confirming the cause of death for both victims as gunshot wounds.

Defense Testimonies

• Natividad Tamayo claimed she was at home during the incident and was unaware of the accusations until later.
• Julio Tamayo corroborated Natividad's alibi.
• Other witnesses, including Gregorio Balansag and Crisanto Cardente, supported the defense's claims regarding the accused's whereabouts.

Prosecution Rebuttal

• Carmelita Cardano testified that no novena prayers were held on the night of the incident, contradicting the defense's alibi.

Trial Court Decision

• The trial court found Julio Tamayo, Rolando Tamayo, and Florencio Patalinghug, Jr. guilty of double murder, sentencing them to reclusion perpetua.
• Natividad Tamayo was acquitted due to insufficient evidence.

Appeal by Florencio Patalinghug, Jr.

• Grounds for Appeal: The accused-appellant contested the credibility of the eyewitness, the sufficiency of evidence, and the trial court's findings on conspiracy and qualifying circumstances.

Credibility of Eyewitness

• The court upheld Lilia Fuentes' credibility, noting her clear identification of the accused and the circumstances of the crime.
• Minor inconsistencies in her testimony were deemed insufficient to undermine her overall reliability.

Defense of Alibi

• The court ruled that the defense of alibi was not credible, as it was not physically impossible for the accused to be at the crime scene.
• Positive identification by the eyewitness outweighed the alibi defense.

Conspiracy and Accomplice Liability

• The court found insufficient evidence to establish conspiracy among the accused.
• However, it determined that Florencio Patalinghug, Jr. acted as an accomplice, knowing of the criminal d...continue reading