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Leon also appeared before the police and gave their account of the
Dioso and Josephine de Leon as one of those involved in the robbery-
Domingo Baccay and Laureto Baccay were charged with the special
On 26 June 1992 accused Domingo Baccay when arraigned pleaded not
From the account of prosecution witnesses Gilbert Turaray, Heherson
Jimenez and Melchora Jimenez these facts were established: On 14 January
Baccay entered the room first, followed by Laureto. Then Domingo winked
Isabelo ran to the window to shout for help but Domingo held him back by
Heherson being stabbed by Domingo and Laureto
Domingo Baccay admitted having been at the Jimenez residence in the
Isabelo although he admitted noticing the knife in Loreto's possession. In
This version as narrated by Domingo Baccay was corroborated by Wilfredo
On 7 November 1994 the trial court found the accused Domingo
Accused-appellant imputes the following errors to the court a quo: (1) in
Alfonso Deraco was an antemortem statement or part of the res gestae; (2)
Turaray; (3) when it ruled that the deceased Isabelo Jimenez was divested
The appeal is without merit
Dunig and People v. Elizaga is totally misplaced. In both cases the trial
Baccay did not rely solely on a dying declaration. Prosecution witnesses
Melchora Jimenez, Heherson Jimenez and Gilbert Turaray positively
Appellant also alleges that the testimony of Heherson Jimenez is not
(a) Heherson Jimenez testified that he was stabbed many times by the two
Laureto finished stabbing Isabelo, Laureto turned to stab Heherson who
(b) Appellant
The Court does not expect that a witness' testimony be perfectly congruent
These allegations are factually baseless. The locus criminis is a very small
Heherson Jimenez said that after the assailants left he was able to crawl to
The allegation that Gilbert Turaray was tutored in relation to the number of
Appellant also insists that since Gilbert was positioned behind the rocking
Q: And you declared a while ago that you were hiding behind the rocking
It is doctrinally entrenched that the evaluation of the testimonies of
The court also finds the testimony of Gilbert Turaray to be trustworthy. In
Domingo Baccay who joined his co-accused Laureto Baccay in the stabbing
For appellant to impute revenge on the witnesses as the motivation for
Thirdly, appellant contends that the trial court erred in concluding that the
(b) that the property taken belongs to another; (c) the taking was done
All these elements were established by
Q: They did not take anything?
A: They got something, sir
Q: What something are you referring to?
Q: Where was that money kept?
A: At the pocket of my Lolo, sir
Q: Why, did you see that what they took was money?
A: I saw the money at the pocket of my Lolo, sir
Q: Do you know if your Lolo was wearing a wallet?
A: My Lolo had a wallet but he placed the money in his pocket,
(underscoring supplied)
Although there may be inconsistencies in the testimony of prosecution
Fourthly, appellant disputes his conviction on conspiracy. But conspiracy
Conspiracy need not be
(b) Domingo locked the door after Laureto entered the
(d) When Isabelo ran to the window to shout
(e) When Heherson intervened and
Before the two (2) accused left the room, Domingo took money from
Baccay. This automatically adversely resolves appellant's final contention
For appellant to insist that his version is more credible than that of the
Gabriel and Wilfredo Aggabao disprove accused-appellant's claim that he
Domingo had reported to them that Laureto Baccay was stabbing Isabelo
Accused-appellant testified that he left the room of Heherson the moment
Laureto Baccay went in. This is highly incredible, for why then was he so
Appellant finally contends that his non-flight from the scene of the crime is
Isabelo? At the very least, could he not have lent him aid to save his life?
Indeed, there are no pat explanations for the workings of an evil mind!
Lastly, the award for moral and exemplary damages should be deleted in
WHEREFORE, the judgment of the court a quo: (a) finding accused-
taken from Isabelo Jimenez and to pay Heherson Jimenez the amount
He saw that they were at
Wycoco grabbed accused-appellant by the collar and tried to pull him away
Witness Louie Jose came upon the two. He testified that he tied both hands
The victim
NBI Medico-Legal Officer Dr. Floresto Arisala testified on the results of his
SPO1 Abraham Mendoza was sent to the Quezon City General Hospital after
Witness Mario Bermudez, security officer of the Quezon City General
Hospital, testified that the money he turned over to SPO1 Mendoza came
NBI Forensic Chemist Mary Ann T. Araas examined the blood found on the
1992 he worked as a mason at a construction project in the Tandang Sora
Public Market, receiving a daily wage of P150.00. After getting his pay in
Manalus. The taxi proceeded to Quezon City Circle, turned on Visayas
Avenue and then on Congressional Avenue. Along the way, accused-
Compound and the driver told the accused-appellant to alight. Accused-
Accused-appellant denied there was a hold-up. He claimed he was merely
In cases of robbery with homicide as defined in Art. 294(1) of the Revised
Now the elements of robbery with violence or
It may be that Wycocos knowledge is limited to the stabbing of the victim
Wycocos testimony shows that the violence resulting in homicide was
(Naaaburido ako dahil sa wala akong pambili ng gatas para sa anak ko).25
The test of admissibility for evidence as a part of the res gestae is stated
There is little in the record to distrust the testimony of the prosecution
Jose that he committed the crime because he needed money
There is every reason to give to the testimonies of Wycoco and Jose full
Against the clear and damning evidence of
Neither has accused-appellant provided additional evidence
The award of actual damages should therefore be reduced
MODIFICATION that accused-appellant is ordered to pay the heirs of the
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Published by Kisha Karen Arafag

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Published by: Kisha Karen Arafag on Jan 23, 2011
Copyright:Attribution Non-commercial


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