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  • People v. Tumaru

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    Andres Boni
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    A 12-year-old boy witnessed the accused shoot and kill a municipal councilor and OIC. The boy's testimony was used to convict the accused of murder. On appeal, the accused argued the boy was biased and the judge did not prove motive. The court upheld the conviction, finding the boy's testimony was sufficient and credible. His staying with the victim's widow did not prove bias but was natural given he was the sole witness.

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    A 12-year-old boy witnessed the accused shoot and kill a municipal councilor and OIC. The boy's testimony was used to convict the accused of murder. On appeal, the accused argued the boy was biased and the judge did not prove motive. The court upheld the conviction, finding the boy's testimony was sufficient and credible. His staying with the victim's widow did not prove bias but was natural given he was the sole witness.

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    © All Rights Reserved
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    26 views1 page

    People v. Tumaru

    Uploaded by

    Andres Boni
    A 12-year-old boy witnessed the accused shoot and kill a municipal councilor and OIC. The boy's testimony was used to convict the accused of murder. On appeal, the accused argued the boy was biased and the judge did not prove motive. The court upheld the conviction, finding the boy's testimony was sufficient and credible. His staying with the victim's widow did not prove bias but was natural given he was the sole witness.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    PEOPLE V.

    TUMARU
    December 2, 1999

    The accused shot and killed a municipal councilor and OIC in Kalinga Apayao. The prosecution
    was based on 12-yr. old Miguel's testimony as he saw the crime occur. Found guilty of murder,
    they appealed saying that the judge erred in not holding witness Miguel's testimony as biased
    and imputing motive to the accused without any evidence.

    HELD:
    Proof of motive is not crucial where the identity of the accused has been amply established.
    Witness Miguel's testimony was sufficient to convict the accused. The testimony of minors of
    tender age will suffice to convict a person of a crime as long as it is credible. The fact that
    Miguel eventually stayed with one of the victim's widows does not prove bias. It is but natural
    for the bereaved family to be concerned about the safety of the lone witness. The concern for
    the victim does not make him biased or unreliable.

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