Admittedly, evidence of motive for the commission of the crime assumes importance where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt. Oarga raises a lot of conjectures; it is loose and vague. What was his answer? Delmendo, SCRA The trial court would have been properly guided in determining the culpability of the accused had it taken into account the prevailing highly charged situation. At around 1 oclock in the afternoon of August 29, , Arturo was walking towards the cemetery when he heard a shot.

He also mentioned Ochoy Rana. Zenon berated PC Sgt. Escares, April 29, , No. Ten minutes later, Rolly Alcantara arrived and told them that the exchange of shots had happened near the Pagsanjan cemetery. Hector was also implicated in the crime. However, the trial judge found him guilty only as an accomplice on the basis of the same evidence that found appellant guilty as a principal.

The truth is, he went into hiding, avoiding contact with the police authorities. It acquires commensurate strength when the case for the prosecution is equally infirm. One of the responding police officers, Pat. Afraid that he might get involved in the shooting, Rana stayed at the detachment. The wicked fleeth, but the innocent is as ful as the lion. In Julyhe surrendered to the Regional Command of Gen.

The moviie did not dispute that Reynaldo had at one time been in the employ of Manambits father as a laborer. Samontes declaration is no more proof of an old grudge than would be a statement to the same effect made a month before the shooting incident or a month afterwards.

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He drove a 70 cc. The trial court reasoned: Testifying for the defense, Fernando Gabatan stated that he was seated on the front passenger seat of his car, talking to his driver as they crossed the border of Pagsanjan, when suddenly he heard shots muffled by the car’s airconditioner. So one day, when he gets in the way of an illegal logger, Andres’ loyalty to this profession is put to the test. Hernando Zaide, withdrew appearance from the cases Ibid.

Was sic there any other persons mentioned aside from those that you have already mentioned? A few minutes later, Antonio left and went to the road where several people had converged looking at the direction of the place where the shooting had transpired.


Credibility and Sufficiency mivie Evidence.

The rull of the prosecution evidence on Appellant Jimmys identification as an assailant would have eliminated discussion of his defense of alibi. D The trial judge who rendered the decision was not able to fully appreciate the demeanor and bias of the prosecution witnesses, as he was a mere replacement of another trial judge who initially heard the case. Admittedly, the sole positive testimony of a credible eyewitness, which satisfies the court as to the guilt of the accused beyond reasonable doubt, is sufficient to convict.

Apparent is the inconsistency of the trial court. SC and SC, as follows: And since they couldn’t seek vindication from him, they went after his family instead.

I asked Rey Baldemora who shot him. What happened after Rustico Liwanag went near you?

Clearly then, Zenon Samonte included Appellant Jimmy among the moviw as allegedly seen by Reynaldocontradicting in the process the testimonies of two prosecution eyewitnesses — Pat. Nuez, who treated Hector Samonte, that the shots came from behind. Ten minutes later, Rolly Alcantara arrived and told them that the exchange of shots had happened near the Pagsanjan cemetery.

To warrant conviction, the prosecution must be strong and convincing even if the defense itself is weak. Samonte, Hectors brother, was shot at a bank. Thus, in correctly rejecting the prosecutions claim that Hectors declaration as written by Pat. Effect of Change of Judges During Trial Appellant Jimmy argues that the trial judge who rendered the Decision was not able to appreciate fully the demeanor of the prosecution witnesses as they testified, because he was a mere replacement for another judge who had initially heard the cases.

If it truly believed that there was an unidentified assassin hiding near the tamarind tree, thus weakening the case against the four accused who allegedly fired shotsthen why — of all the four accused — was it Llames who was convicted together with Jimmy and only as an accomplice? Rana was in front of the detachment when Sgt. A defense of alibi cannot be taken seriously where it is not only uncorroborated, but could, clearly, if true, have been corroborated by certainpersons who were not called upon to testify in support of it.


Macatangay and Cunanan, Phil. Upon reaching Ala-ala Memorial Park I saw and I noticed Ramon Mamuri sitting along the roadside along the edge of the highway and then while Mpvie was driving the motorcycle I saw Choy Rana standing and making signs or signal while he was facing at the coconut plantation.

Courts are not required to accept or reject the whole testimony of a particular witness in toto. His house is situated at barrio Maytalang Uno in Lumban, which is more or less meters away from the municipal cemetery of Pagsanjan, where the shooting incident occurred.

What needs proper attention therefore is whether or not, by the rules of criminal law and procedure, Appellant Jimmy was properly identified as one of mofie perpetrators of the crimes. What further militate against conviction of Appellant Jimmy are the presented parts of res gestae [75] statements of deceased Reynaldo. Will you tell the Court why did you veer your motorcycle towards the center of the road going to Lumban? Prior to the incident in question, Hector Samonte, then around 36 years old, was a gravel and sand concessionaire with the Bureau of Mines.

Zenon immediately sent someone to fetch Reynaldos wife. If indeed Appellant Jimmy was in the vicinity of the crime scene when it occurred, this fact would not have been lost on Reynaldo.

People vs Manambit : : April 18, : J Panganiban : Third Division

However, it was not sufficiently proven, other than through the clearly biased testimonies of Hector and Zenon, that such motive had in fact impelled Appellant Jimmy to shoot Hector and Reynaldo Baldemora. Clores, SCRA Thus, as earlier stated, the trial judge found as plausible the theory that aside from the unidentified gunman behind the tamarind tree, there were only two gunmen on the edge of the highway. He said that he was able to recognize Antonio Manambit and Jimmy Manambit.