Title
People vs. Turalba
Case
G.R. No. L-29118
Decision Date
Feb 28, 1974
Pablo Fernandez was fatally shot in 1964; Artemio Turalba, motivated by a prior grudge, was convicted of murder despite his alibi and negative paraffin test, with penalty reduced due to voluntary surrender.

Case Summary (G.R. No. L-29118)

Incident Description

On the evening of April 29, 1964, Pablo Fernandez was outside his store fixing ropes for his carabao when he was shot multiple times with a shotgun. He was quickly transported to the Tayug Emergency Hospital, where he succumbed to extensive injuries, including internal and external hemorrhaging caused by the gunshots. A medical examination revealed multiple entry wounds to his back and exit wounds through his thorax and forearm.

Arrival of Authorities

Upon hearing the gunfire, Police Officer Emilio Calibo, a local resident, responded to the scene after being alerted by rural police. After gathering information that identified Artemio Turalba as the shooter, he and his colleagues went to the Turalba household. There they discovered Turalba’s shotgun, which had the distinct odor of gunpowder, suggesting recent use.

Initial Investigation

Turalba was taken voluntarily to the Constabulary headquarters for questioning, where he denied any involvement in the shooting. The next day, police gathered sworn statements from several witnesses—Nemesio and Ernesto Fernandez—who identified Turalba as the assailant. Additional witnesses corroborated these accounts, asserting that they had seen Turalba fleeing the scene with a shotgun.

Defense Testimony

In his defense, Turalba asserted that he was at a nearby store conversing with friends at the time of the shooting. However, no one corroborated his alibi, which was considered weak given the proximity to the crime scene. His account claimed he had returned home after hearing a shot and only became aware of the accusation against him upon being taken into custody several hours later.

Forensic Evidence

A paraffin test administered on Turalba’s hands returned negative for gunpowder residue. However, this evidence was deemed insufficient to establish his innocence since the possibility existed that he could have worn gloves or the test was done after a too-late interval. The prosecution posited that the negative result could not definitively exclude him as the shooter.

Trial Court Findings

The trial court assessed the testimonies of witnesses and concluded that these were credible despite minor inconsistencies. The court affirmed that Ernesto Fernandez and another witness had clearly identified Turalba as the individual who shot Pablo Fernandez. The court found Turalba guilty of murder, sentencing him to reclusion perpetua and requiring him to provide financial compensation to the victim's heirs.

Appeal and Issues of Credibility

On appeal, Turalba's counsel primarily challenged the credibility of the identification by the prosecution witnesses and asserted that the absence of gun ownership evidence weakened the case against him. However, the court held that the prosecution’s evidence of Turalba's guilt was overwhelming, noting that inconsistencies were not substantial enough to invalidate the identifications.

Motive and Circumstantial Evidence

The court considered evidence indicating a prior conflict between the Turalba family and the victim, establishing a potential motive for the murder. This conflict stemmed from a public altercation two years prior, further supporting the prosecut

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