329 Phil. 16
MENDOZA, J.:
As between the aforecited testimonies of Rogelio de Limos and Hernandez on one hand and the testimonies of Narciso Nazareno and Ramil Regala on the other, the Court would place its reliance on the testimonies of the prosecution witnesses, because firstly, there is no showing in the record that Rogelio de Limos and Fernando Hernandez are manufactured evidence. As a matter of fact, none of the defense witnesses had ever made such an imputation; and neither did the defense lawyers do so in their extensive memoranda. Secondly, it is a well-settled doctrine in this jurisdiction that as between positive testimonies and denials, the Court should place more weight on the former (People v. Mostoles, Jr. 124 SCRA 906). Thirdly, the testimonies of Narciso Nazareno and Ramil Regala are in the nature of alibis, and it is also settled that because they can easily be concocted the Courts should exercise extreme caution in accepting them as defense (People vs. Bagsica, 65 SCRA 400).Orlando Hular and Manuel Laureaga were acquitted for lack of evidence against them.[10]
THE LOWER COURT ERRED IN FAILING TO CONSIDER THE VIOLATION OF THE ACCUSED-APPELLANT’S CONSTITUTIONAL RIGHT TO DUE PROCESS AS A FATAL FLAW IN HIS PROSECUTION AND SUBSEQUENT CONVICTION.Accused-appellant Ramil Regala, on the other hand, contends:
THE LOWER COURT ERRED IN FAILING TO ACQUIT THE ACCUSED-APPELLANT ON REASONABLE DOUBT.
THE TRIAL COURT ERRED IN NOT CONSIDERING THE UNLAWFUL ARREST OF RAMIL REGALA AS A GROSS VIOLATION OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS.We have reviewed the record and the evidence, and we find accused-appellants’ contentions to be without merit.
THE TRIAL COURT ERRED IN NOT CONSIDERING THE TESTIMONY OF THE EXPERT WITNESS FROM THE NATIONAL BUREAU OF INVESTIGATION IN DETERMINING THE PROBABILITY OF GUILT OF APPELLANT.
THE TRIAL COURT ERRED IN RELYING ON THE INCREDIBLE TESTIMONIES OF FERNANDO HERNANDEZ AND ROGELIO DE LIMOS IN CONVICTING HEREIN APPELLANT.
Hernandez’s testimony was corroborated by Rogelio de Limos. De Limos testified that on December 14, 1988, between 8:00 to 9:00 in the morning, two men, standing in front of Bunye’s house on Ilaya Street, hailed his tricycle. He identified in court the two as Narciso Nazareno and Ramil Regala. De Limos said that he was told by Nazareno to follow the "stainless" tricycle ahead and that upon overtaking it as it stopped at the corner of T. Molina St. and Mendiola St., he also stopped his vehicle. One of the passengers, Nazareno, jumped out of the tricycle, pulled something from his waist and fired at Bunye. When Bunye fell down, Nazareno fired another shot at the head of Bunye, after which Ramil Regala got off the tricycle, approached Bunye and also shot him in the head. Accused-appellants then boarded the tricycle and ordered him to take them to the rotunda, where they alighted from the tricycle and fled.
Q On Dec. 14, 1988, you were driving your tricycle. Is that correct? A Yes, sir. Q You know that Rogelio de Limos was also driving his tricycle on the morning of Dec. 28, 1988? A Yes, sir. Q While you were driving your tricycle on that faithful morning, who was ahead you or Mr. de Limos? A I. Q After you took the woman and the man who was shot, did you know that Mr. de Limos was following you? A I don’t know. Q How do you know that you were ahead? A I learn[ed] it later on when Mr. de Limos overtook my tricycle. Q In what place, when [did] Mr. de Limos overtake your tricycle? A Also at T. Molina Street, Purok 6. Q When Mr. de Limos overtook your tricycle, where you on stop position or were you ,still running? A Already stopped. Q In other words you stopped your tricycle and that was the time when Mr. de Limos went ahead or overtook your tricycle? A Yes, sir. Q To what side of you, left side or right side, did Mr. de Limos pass? A To my left. Q He stopped his tricycle in front of yours? A Yes, sir. Q When Mr. de Limos stopped his tricycle in front of yours, how far was his tricycle from the front side of your tricycle? A Almost touching the front side of my tricycle. Q Can you tell us, how many minutes after you have stopped when Mr. de Limos overtook you? A I don’t remember. Q Maybe five (5) minutes after you have stopped that Mr. de Limos arrived? A I can not estimate. Q Was it very short period or was it in reasonable period of time after you stopped when Mr. de Limos arrived? A Only for a while. Q When Mr. de Limos stopped his tricycle, what was the position of his tricycle in relation to yours? Was it directly in front of you or was it towards your left side? A His tricycle stopped directly in front of me, but a little sway to the right. Q Would you say that the distance of your tricycle when both of you stopped was about one (1) foot only? A About two (2) to three (3) feet. Q Is it not correct to say that the tricycle touched each other at that time? A I was surprised when he suddenly overtook me. Q So your previous statement is not correct that the tricycle almost touched each other, because they were between two (2) to three (3) feet? A Because I don’t remember the distance because the incident happened a long time ago. Q When the two (2) tricycles [were] already on stopped position, was there enough space for a person to pass? A Yes, sir. Q Your two (2) passengers, the man and the woman who alighted your tricycle first? A The man (Bunye). Q After Molet Bunye alighted from your tricycle, he walked to the left, crossed the street crossing in front of your tricycle? A After Molet Bunye alighted from my tricycle, he walked in front of me and paid his fare. After that he walked across the street towards the left. xxxxxxxxx Q Was Molet Bunye able to reach the other side of T. Molina Street? A Yes, sir. Q This tricycle of Mr. de Limos, tell us when the tricycle arrived was it after Molet Bunye paid his fare to you or after? A While Molet Bunye was paying the fare, that was the time when Mr. de Limos overtook me.
Q Molet Bunye was still near you or beside you when the tricycle of Mr. de Limos arrived? A Yes, sir. Q After paying his fare, you said, Molet Bunye walked to the other side of the street. How long did it take Molet Bunye to go to the other side of the street? A I don’t remember. Q When the tricycle of Mr. de Limos overtook you, you did not know that that was Mr. de Limos? A I noticed him when he was already in front of me, and he was at the back. Q When Molet Bunye paid his fare to you, you back-tract your tricycle because you were preparing to turn around? A Yes, sir. I back-up my tricycle a little so that I’ll be prepared to leave the place. Q Were you supposed to leave the place after embarking Molet Bunye, because you were to bring another lady to another destination? A Yes, sir. Q When you back-up to which direction were you looking? A To the direction of Molet Bunye. I was looking to the direction of Molet Bunye, because I was about to call him because he still had change, and I was about to return it back to Molet Bunye. Q When you were backing-up your tricycle preparing to leave the place, you were looking at Molet Bunye? A Yes, sir. Q Did you not look behind, so that you will be able to see him? A I look[ed] at my side mirror. Q Did you call Molet Bunye, so that he can hear you, because you wanted to give his change? A Yes, sir, but he did not hear me. Q How far was he when you call[ed] him? A About three (3) to four (4) meters. Q And he was walking away from you? A Yes, sir. xxxxxxxxx Q How much [did] Molet Bunye give you, when he paid his fare to you? A Two pesos (2.00). Q Why did you not give his change when he was still near you? A Because he was in hurry. Q In other words, when he alighted he did not approach you anymore but he just handed to you his two (2.00) pesos? A Yes, sir, he handed his two (2.00) pesos to me. He said "BOY BAYAD KO." (Witness demonstrating by stretching his left hand forward.) Q And you immediately received the money? A Yes, sir. Q And Molet Bunye proceeded to walk away from you? A Yes, sir.
Q When was it when the tricycle of Mr. de Limos overtook you, was it when Molet Bunye paid his fare to you or after Molet Bunye has paid? A I can not remember. Q You said that the first person who shot Molet Bunye was Narciso Nazareno, is that correct? A Yes, sir. Q Did you see that? A Yes, sir. I saw that the gun was poked at the head. Q And you heard the shot? A Yes, sir. Q Can you demonstrate how the gun was pointed to the head of Molet Bunye? A Like this (witness demonstrating stood up stretching his right hand forward as if holding a gun and poked it at the back of the head of the interpreter). Q Assuming that the Court Interpreter is Molet Bunye, please demonstrate which part of the head was the gun pointed [at]? A (Witness stood up demonstrating by pointing somewhere above the neck or maybe center of the neck of the interpreter.) Q Can you tell us, how tall is Molet Bunye in relation to our Court Interpreter here? A Shorter than the interpreter. Q When the gun which you said was pointed at the head of Molet Bunye, Molet Bunye was walking away from you? Is that correct? A Yes, sir. Q He was walking. Right? A Yes, sir. Q The man whom you said pointed a gun at the head of Molet Bunye, he was also walking away from you, is that correct? A Yes, sir. Q He was not walking towards you? A No, sir. Away from me. Q So that you were from the position from where you were, you were still in your tricycle? A Yes, sir. Q From that position you can see Molet Bunye and the person whom you said fired a shot? A Yes, sir. Q The man whom you said fired the first shot was also walking when he fired the first shot? A The man who was holding a gun stopped first and he fired it. Q Tell us how far was this man who fired the first shot to Molet Bunye when the first shot was fired? A About one (1) meter. Q What did you see after the first shot was fired? A He positioned himself near the head of Molet Bunye, and he was already facing me and he fired another shot. Q At that time if your narration is correct Bunye was already lying on the ground? A Yes, sir. Q So the first shot was fired when Molet Bunye was walking?
A Yes, sir. Q That was to the head? A Yes, sir. Q Do you know what part of the body of Molet Bunye was hit by the shot? A I don’t remember what part of the body was hit, but he fired it at the head. xxx xxx xxx Q All the while when the gun was pointed at the, head of Molet Bunye, and it was fired, Molet Bunye was lying on the ground, and the man fired another shot. During this period were you looking at Molet Bunye? A Yes, sir, because I was shocked, surprised at what had happened so I looked at Molet Bunye. Q Can you tell us in seconds or minutes, how long did this happening last? A I can not estimate. Q All the while you were looking at Molet Bunye while this was happening? A Yes, sir. Q Where you then worried about the change of Molet Bunye while you were looking at him? A Yes, sir. It is like that. Q After the second shot did you turn your tricycle and went home? A Yes, sir. Q And you went home? A I also noticed that the other person was approaching. Q How far where you positioned from Molet Bunye when he fell to the ground? A About three (3) to four (4) meters. Q Do you know the width of T. Molina Street? A No, sir. Q At that time you claimed that you were at the right side of the road? A Yes, sir. Q And the incident happened at the edge of the left side? A Yes, sir. Q And you said that the distance between your tricycle and the edge of T. Molina is only four (4) meters? A My estimate is more or less three (3) to four (4) meters. Q The second person did you see him approach Molet Bunye? A Yes, sir. Q What did he do with Molet Bunye? A I also noticed that the second person also pointed a gun at the head of Molet Bunye. Q The second man did he fire a shot? A Yes, sir. Q To the head of Molet Bunye? A Yes, sir. Q Do you know if he hit the head? A Yes, sir. Q How about the face? Do you know if he hit the face? A It was poked very near the head.
As we have held in other cases,[24] testimonies given in simple, straightforward manner, giving details of the incident that could not have been merely concocted, indicate sincerity in the narration of events of the incident and truth as to what, actually happened, specially, if those giving them have not been shown to have any improper motive to testify falsely against the accused. The weight to be given to testimonies of such witnesses depends chiefly upon their observation and means of knowing the facts testified to by them.[25] Accused-appellants point to inconsistencies in the testimonies regarding distances and time lapse as an indication that the testimonies are lacking in veracity. These are inconsistencies on minor points which do not affect the truth of the testimonies. They are discrepancies to be expected from uncoached witnesses.[26] What is important is that the testimonies corroborate each other on important and relevant details concerning the principal occurrence.[27]
Q When you were operating your tricycle last Dec. 14, 1988, you were flagged by two (2) persons who became your passengers. Tell us where is this stainless tricycle at the time you were flagged down in relation to your tricycle? A The stainless tricycle was already running. Q When you stopped your tricycle and you picked up these two (2) persons, how far away was the stainless tricycle from you? A I don’t remember. Q Can we say about twenty (20) meters away and still running at the time you stop your tricycle? A Not more than twenty (20). Q What would be your estimate if it is less than twenty (20) meters away? A I am not sure of my estimate. Q When these two (2) passengers got in your vehicle and at the moment you started your tricycle, how far away is this first tricycle from you? A It is not far. Q Give us your estimate in meters the distance between you when you started your tricycle and the stainless tricycle that you were to follow? A About more or less twenty (20) meters. Q Were their other vehicles including tricycles that were between you and the stainless tricycle when you commence running? A I don’t remember, sir. Q So that the space between you and the first tricycle was totally clear of vehicle? A Yes, sir. Q How many meters did this first tricycle travel from where you picked up your passengers until it stopped and unloaded its passengers? A More or less 200 meters. Q What street were you traveling at that time? A Ilaya Street, Alabang Muntinlupa. Q When you were traveling along Ilaya Street following this stainless vehicle were you exactly behind? A Yes, sir. Q How far away from your starting point where you able to approach the vehicle that you are going to follow? A Near the corner of Mendiola and Timolin Street. Q When the first tricycle already stopped you were able to get near that vehicle? A Yes, sir. Q But at any time when you were running and traveling along Ilaya Street you were able to get [to] this stainless tricycle? A
No, sir.
Q When your first passenger alighted from your vehicle you were still running x x x your vehicle was still running. Is that correct?
A Yes, sir. Q Where was this stainless vehicle situated at that moment when your first passenger alighted from your vehicle? A The tricycle was behind me. Q You mean to say that you overtook the stainless tricycle? A Yes, sir. Q
And the passenger of the stainless vehicle got off?
A
Yes, sir.
Q Who got off their respective vehicle[s] first, your passenger or the passenger of the stainless tricycle? A The passenger of the stainless tricycle. Q When the passenger of the stainless tricycle got off, the tricycle was on your right side. Is that correct? A
No, sir. The stainless tricycle was behind me.
Q Directly behind your tricycle? A Yes, sir. Q How far away was it from you? A About one (1) foot behind me. Q At that moment when your first passenger alighted from your tricycle where was the victim in relation to where you were situated at that moment? A He was in front of me walking. Q So you can see him directly in front of you walking? A Yes, sir. Q Your tricycle was on the right portion of the left side of the street. Is that correct? A Yes, sir. Q And the victim was walking also on the right portion of the street of the road? A At the left side. Q How far away from you was the victim when you said he was shot for the first time? A More or less two (2) meters. Q Will you please clarify. Was he walking in front of you or to the left of you when he was first shot? A To the left. Q At that moment, meaning, when the victim was first shot where was the stainless tricycle? A He was still behind me. Q How did you know that the vehicle was still behind you? A Because I saw and I could not leave the place. Q When did you see the stainless tricycle, was it still behind you in relation to the first shot? A At the time when I heard the first shot. Q When you heard the first shot. You want to impress [to] us that you looked back and you saw the stainless tricycle still there behind your tricycle? A Because the tricycle could not run or move. Q But when the first shot was fired you did not look back? A I did not. Q So you did not really know that the tricycle was still there? A Because the tricycle was "NAKATOTOK" behind me and I could not move my tricycle. Q It was only your impression that the stainless tricycle was still there but you did not see it actually? A No, sir. I see. Q When did you see it? A At that time because I could not overtake coz of that incident. Q After the first shot, did you see the stainless tricycle still there? A Yes, sir. Q You mean you looked back? A Yes, sir. Q Why did you look back? A Because the passenger of the stainless tricycle scramble[d]. Q After the second shot was the stainless tricycle still there? A Yes, sir. Q Did you look back? A Yes, sir, through my side view. Q Did you look back and see that stainless tricycle still there after the second shot? A I saw the driver of the stainless tricycle moving his tricycle. Q You said there were three (3) shots fired. After the third shot where was the stainless tricycle? A After the third shot, the driver of the stainless tricycle was still moving his tricycle back and forth to get out of the place. Q Was he able to get out? A Yes, sir. Q How long after the third shot was he able to get out from where he was? A
I don't remember.
Q Was this stainless tricycle blocked by your tricycle so that he can not get out? A Yes, sir. Q How about to his rear was he blocked by any other vehicle? A No, sir. Q Of your knowledge he was free to move out by backing away from your vehicle? A Yes, sir. Q You claimed that immediately after the second shot was fired, this stainless tricycle was already moving his vehicle back and forth to get out of the place. Is that correct? A Yes, sir. Q How far was this stainless vehicle from the victim when the latter fell down the street after the first shot? A I don’t remember. Q When your second passenger got off you did not see him get off? A I did not. Q You felt movement of your tricycle? A Yes, sir. Q You claim that your two (2) passengers rode your vehicle again after the shooting. Is that correct? A Yes, sir. Q Who boarded your vehicle first, the first one who alighted or the second one who alighted? A I don’t remember. Q How far was it after the third shot was fired that these passengers boarded your vehicle again? A Minutes only. Q How many minutes? A More or less five (5) minutes. Q What were their instructions to you when they boarded? A Before answering your question I made [a] mistake on the preceding question. Not minutes only seconds. Q Will you now answer my question? A They told me to bring them to "Rotonda." Q In what dialects or language was the instruction given to you? A Tagalog. Q Was that all they said to you during that occasion when they boarded your vehicle for the second time? A Yes, sir. Q From the scene of the shooting to where you discharged your passengers, how far was it? A I can not estimate the distance. Q
You were driving your tricycle along that road for many years already?
A Yes, sir. Q Why did you say that you can not estimate the distance between these two places? A I am not sure. Q How many minutes did it take you to drive them to the place where they alighted from your vehicle? A Few minutes only. Q How many minutes? A Seconds only. Q How many seconds? A More or less ten (10) seconds. Q Did your passenger pay you his fare? A No, sir. Q Did you not run after him to be able to collect the fare? A No, sir. Q When your two (2) passengers alighted, where did you go next? A I went home.
ATTY. MATUNOG:There is nothing in the sworn statements of Hernandez nor in his testimony in court which shows that he ever claimed to know Nazareno because they had been classmates eight years before he identified him in the police line-up. He said he only came to know Nazareno at the police line-up on December 28, 1988. He was able to identify Nazareno because he remembered his face as that of the one who shot Bunye on December 14, 1988. Indeed, Hernandez should first have been asked whether he and Nazareno had not been classmates in the elementary grades. There was no basis for defense counsel’s questions premised on this fact.
Q Mr. Hernandez is it correct that you signed a statement
dated 28 December 1988 before Capt. Jose Manuel?
FISCAL:
Admitted.
Q On Exhibit "C" [which] appears to be signed by you
question No. 9. The question raised to you,
"YONG TAONG BUMARIL DITO KAY MOLET, NAKIKILALA MO BA ITO?" and your answer:
YAON ISA LANG HO. (affiant pointing to the person of Narciso Nazareno y Barro 22 taong gulang, binata, walang trabaho, tubong Catanduanes at kasalukuyang naninirahan sa Prk. 6-B, Alabang Muntinlupa, MM.)
Is this correct? This was the answer you gave?
ATTY. BAUTISTA:
May it please be placed on record that the witness refused
to answer.
FISCAL:
May I remind the witness he is under oath.
COURT:
MAY ANSWER.
A Nazareno (pointing to Nazareno). Yes, sir.
Q Why do you know the accused Nazareno?
FISCAL:
The best evidence is the statement.
COURT:
MAY ANSWER.
A When I looked to my left, I saw him.
Q Since when have you known the accused Nazareno?
A Only on that day.
Q You do not remember you were a classmate of Nazareno
sometime in 1979-1980?
A I cannot remember sir. I don’t remember.
Wounds Gunshot:There are no findings in the report regarding the relative positions of the victim and the accused-appellants. The medico-legal officer, when asked if he could determine the position of the victim from the gunshot wound located at the back, said, "Since the entry of the gunshot wound is at the back, naturally it is in the back."[37] The answer is vague and does not shed light on the positions of those involved.
I. Entrance, oval, edges inverted, 0.9 x 1.0 cm. in size, located at the scalp, parietal region, along the posterior median line, 13.0 cm. above and 5.0 cm. behind the left external auditory meatus, directed forwards, downwards and laterally, involving the skin and underlying soft tissues, fracturing the parietal bone along the posterior median line, perforating the left side of the parietal bone along the posterior median line, perforating the left sides, of the parietal and temporal lobes of the brain, making an Exit, roughly oval in shape, edges averted, located at the face, left side, 1.0 cm. below and 2.5 cm. in front of the left external auditory meatus.
II. Entrance, oval, edges inverted, 0.9 x 1.0 cm. in size, located at the face, right side, 3.0 cm. above and 5.5 cm. in front of the right external auditory meatus, directed backwards, downwards and from right to left, involving the skin and underlying soft tissues, fracturing the right side, of the temporal bone, perforating the right side of the temporal lobe of the brain, piercing the left side of occipital lobe of the brain, with two (2) fragments lodged and recovered in that area.