G.R. No. L-47810 November 29, 1984
People of the Philippines, plaintiff-appellee, vs. Nicanor Montecillo, defendant-appellant.

FACTS

Nicanor Montecillo was charged with parricide for the fatal shooting of his wife, Donata Gutierrez, on July 18, 1972, in Alaminos, Laguna. The prosecution established that the couple had frequent quarrels due to Nicanor’s suspicion of his wife’s infidelity with his twin brother. On the night of the incident, a neighbor, Felicisima Masa, heard a gunshot and rushed to the Montecillo residence. She found Donata mortally wounded, with Nicanor present on the ground floor, not assisting his wife. The victim was pronounced dead on arrival at the hospital from a gunshot wound to the face.
The defense presented a different narrative, suggesting the possibility that another person, potentially the twin brother, was the assailant. A key defense witness was Felicisima Masa, who, after initially testifying for the prosecution, recanted part of her testimony. As a defense witness, she claimed Nicanor helped bring Donata to the hospital and that the dying victim, when asked if Nicanor harmed her, shook her head in denial.

ISSUE

The core issue is whether the evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that Nicanor Montecillo killed his wife.

RULING

The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the evidence, giving weight to its factual findings. It found the prosecution’s evidence, including the motive rooted in jealousy and the appellant’s conduct immediately after the shooting, to be credible and consistent. The Court specifically rejected the recanted portion of Felicisima Masa’s testimony, applying the settled rule that courts may believe one part of a witness’s testimony and disbelieve another.
The trial court correctly found her recantation unbelievable and biased, noting she was a relative of the accused’s mother. Her new claim that the dying victim shook her head was deemed medically improbable given the nature of the head wound that caused instant death. Furthermore, her initial statement during the preliminary investigation contained no mention of the accused assisting or of the victim’s alleged denial. The Court found no reason to overturn the conclusion that Nicanor was the perpetrator. The penalty of reclusion perpetua was affirmed, with the modification to increase the civil indemnity to the heirs of the victim to P30,000.