G.R. No. L-1710 and L-1711. December 23, 1948.
El Pueblo de Filipinas vs. Epifanio Manabat y Otros. Fernando Matunan, Appellant.

FACTS*
Accused Fernando Matunan was a member of a group of about 300 Hukbalahaps, led by Epifanio Manabat alias Malvar, that assaulted the house of Mayor Ernesto Villaroman in Licab, Nueva Ecija, on November 13, 1945. The group’s purpose was to kill the mayor and rob his property. During the assault, the mayor escaped. The group looted the house, taking cash and valuables. They also seized Teofila Puno, the mayor’s common-law wife. While being held, she asked why they were treating her that way. The leader, Malvar, then ordered Pili to shoot her, which he did, killing her. After the incident, all accused except Matunan escaped from provincial jail. Matunan surrendered, and trial proceeded against him alone. He was convicted of robbery in band and murder.

ISSUE

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1. Whether the trial court erred in accepting the testimony of Buenaventura Liwag, a co-participant in the crime who was not included as an accused, as a prosecution witness.
2. Whether the evidence suffices to hold Matunan liable for the murder of Teofila Puno.

RULING

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1. On the testimony of a co-participant: The Court held there was no error. The law does not require that a person suspected of participation in a crime must first be included in the complaint before being presented as a prosecution witness. The fiscal has discretion to present as witnesses all persons believed to have knowledge of the crime, even if they appear to be accomplices. The testimony of an accomplice, if credible and convincing, is admissible. The right to invoke the privilege against self-incrimination (Article 9, Rule 115) belongs to the witness, not the accused. Liwag chose to testify, and his testimony, found credible by the trial court, was properly admitted.

2. On Matunan’s liability for murder: The Court acquitted Matunan of murder. The only evidence on the killing came from witness Buenaventura Liwag. His testimony established that when Malvar ordered the shooting of Teofila Puno, Matunan was already ahead of the group and far away. Liwag did not see Matunan at the scene of the killing and could not specify his location when the order was given and carried out. There was no evidence that Matunan had any prior knowledge of the plan to kill Puno or that he participated in or consented to the killing. While the evidence sufficiently proved Matunan’s participation in the robbery in band, it was physically and factually impossible to hold him liable for the murder. The conviction for robbery in band was affirmed, but the conviction for murder was reversed.

AI Generated by Armztrong.