G.R. No. L-32957-8 Case Digest

G.R. No. L-32957-8 July 25, 1984

People of the Philippines

Vs. Pantaleon Pacis, Eliseo Navarro, Guillermo Agdeppa and Gines Dominguez

Ponente: Concepcion, Jr.

Facts:

This is an appeal of the accused Guillermo from the judgment of the CFI of Cagayan finding him guilty of the crime of frustrated murder.

On November 15, 1967 in the municipality of Sanchez Mira, province of Cagayan, the accused conspired together, armed with guns, with the intent to kill, with treachery and with evident premeditation and taking advantage of superior strength and feloniously attacked and shot Manuel Franco which caused his instantaneous death.

Pacis, one of the appellants and Negre were contenders for the position of mayor in Mira. Pacis was the candidate of the Nacionalista party and was the incumbent mayor, Negre was the candidate of the Liberal party. Franco, the deceased was the incumbent vice-mayor of Pacis but now the campaign manager of Negre.

In the morning of November 15, 1967, the day of the election, Franco and Basco went to Namunac Elementary school to get the election results from the precincts. Of which the two contenders met and from which the firing of gunshots came about.

Agdeppa denied participation in the commission of crimes and interposed an alibi. According to him, he was in Taguiporo where he was employed in the Agricultural Extension Office, at the time of the shooting incident occurred in Namuac. To support the alibi, he presented in evidence the time record he had accomplished and testimony of Jose Tabian who allegedly rode with him on his motorcycle.

The CFI, however, rejected the defense saying that the evidence of the prosecution is more worthy of credence. CFI specially cited the testimony of Basco which, is to its mind, more credible. Counsel for the appellant now contends that the CFI erred in convicting the appellant, citing the maxim of “falsus in uno falsus in omnibuss” [false in one thing is false in everything]

However, the maxim is not a positive law, neither is it an inflexible one of universal application. The testimony of a witness may be believed in part and disbelieved in part. The counsel for the appellant also claims that the bullet marks on the cement conclusively show that the shooting came from the street and not from the truck where Pacis, Navarro and Agdeppa were standing. The trial court discounted the theory.

Issue: Whether the CFI erred in convicting the accused.

Held:

The appellants defense of alibi has nothing to support except the doubtful testimony of Tabian and there is no conclusive evidence that it was physically impossible for the accused to be at the Namuac School which is only 18 kilometers from his office.