People Vs.

Gonzales
Facts: The regional trial court of Iloilo charged spouses Augusto and Fausta Gonzales of the crime of
murder for killing their landlord Lloyd penacerada. After a reinvestigation four men were added as
accused. Fausta admitted killing Penacerrada as the deceased attempted to rape her. All the other
accused denied participation in the crime. Custodio Gonzales Sr. (appellant), father of Custodio Jr.,
claimed that we was asleep in his house which was located some one kilometre away from the crime
scene when the incident transpired. He asserted that he only came to know of it after his grandchildren
went into his house that night. The testimony of Dr. Jesus de Rojas who performed the autopsy stated
that there is a possibility that only one weapon might have caused all the wounds inflicted on the victim,
nevertheless due to the different characteristics and number of wounds, there is a high probability that
at least two instruments were used. Jose Huntoria claimed to be a witness of the crime and that he
clearly recognized all the acused. The RTC and CA found the appellant and accused guilty of murder.
Issue: WON the appellant is guily of the crime of murder
Held: On the cross-examination, Huntoria failed to match his claim of clearly recognizing all the acused
for he does not know who hacked or stabbed the victim and that he only saw the flashing. From this
very testgimony, Huntoria failed to impute a specific act committed, or contributed by the appellant in
killing Penacerrada.
The lack of specificity makes the case fall short of the test laid down by article 3 of the RPC.
There must be a proof as to what act was performed byt the appellant. The witness did not prove any
act done by the appellant.
The court reversed the decision of the CA and the appellant acquitted.