Case Summary (G.R. No. L-31960)
Factual Background
Demetrio Botanes attended a family outing with his wife, Salvacion Patenio, and their children. After enjoying the day, they were preparing to leave when a gunshot was fired, fatally wounding Demetrio. Salvacion identified Jose Zapatero as the shooter and Alfredo Zapatero as his accomplice, both of whom fled the scene. Despite immediate reporting to authorities, no immediate arrests were made until months later.
Autopsy Findings
The autopsy, conducted by Dr. Gerardo Pizarro, revealed a gunshot wound in the back of Demetrio’s neck and classified the cause of death as gunshot wounds leading to hemorrhage and traumatic shock. The use of a .30 caliber gun was identified, with the shooter located behind Demetrio, corroborating Salvacion's account of the murder.
History of Dispute
Prior to the murder, Demetrio had allegedly been involved in a conflict with the Zapatero family. He had survived a prior assassination attempt linked to grievances between the families, following which he was later charged with killing Felix Zapatero, the father of the accused. This context established a motive of revenge behind the murder.
Appeal Claims
The Zapatero brothers contested the trial court's findings regarding identification and conviction, arguing that the trial court erred in concluding they were present at the crime scene. They presented an alibi claiming they were in Gattaran, Cagayan, during the murder.
Credibility of Witnesses
The key issue revolved around the credibility of the identification made by Salvacion and her son, Jaime, who identified the brothers as the assailants. The court noted that both families had previously been neighbors, which lent credibility to the eyewitness accounts. The trial court's ocular inspection supported the testimonies, further affirming their validity.
Alibi Examination
The Zapateros' alibi was dismissed due to the corroborating testimonies from the victims’ family. The trial court found their departure to Gattaran was an attempt to evade justice rather than an alibi. Their assertion that others were responsible for the shooting was not substantiated by evidence, and previous attempts on Demetrio's life were considered irrelevant to establish doubt on their guilt.
Testimony of Prosecution Witnesses
Jaime Botanes’ testimony was allowed despite his age, considering the absence of other eyewitnesses. The trial court found his testimony clear and consistent, contradicting claims that he was not credible due to lack of prior statements to investigators.
Allegations of Inconsistencies
Defenses raised regarding inconsistencies in witness testimonies, particularly concerning positions of the victims and assailants, were found to be unconvincing. The trial court held that Mrs. Botanes’ identification was accurate based on the tactical positioning of the shooter, which aligned with the findings of the forensic expert.
Criminal Liability
The court ruled that both Alfredo and Jose Zapatero were equally culpable. The act of assisting each other during the crime indicated a conspiracy to commit murder, debunking the notion that only the shoot
...continue readingCase Syllabus (G.R. No. L-31960)
Case Citation
- 157 Phil. 437, G.R. No. L-31960
- Date of Decision: August 15, 1974
- Court: Supreme Court of the Philippines, Second Division
Background of the Case
- The case involves defendants Alfredo and Jose Zapatero who were found guilty of murder by the Court of First Instance of Abra.
- Each defendant was sentenced to reclusion perpetua and ordered to pay indemnity of P12,000 to the heirs of the victim, Demetrio Botanes.
Facts of the Case
- On March 17, 1968, Demetrio Botanes was shot while at a birthday party in Barrio Matit, Penarrubia, Abra.
- Botanes was with his wife, Salvacion, and their children when the incident occurred.
- After enjoying the picnic, as they approached their car to leave, Demetrio was shot from behind.
- Salvacion Botanes witnessed the shooting and identified Jose Zapatero as the shooter and Alfredo Zapatero as his accomplice.
- The assailants fled immediately after the shooting, and Demetrio died shortly thereafter from the gunshot wound.
Evidence Presented
- An autopsy conducted by Dr. Gerardo Pizarro confirmed the nature of the gunshot wounds.
- The prosecution presented testimonies from Salvacion and her son Jaime, who corroborated each other’s accounts of the incident.
- A sworn statement from Demetrio