GR L 49200; (October, 1946) (Digest)
G.R. No. L-49200; October 30, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BUENAVENTURA ABAD, defendant-appellant.
FACTS
Buenaventura Abad, an attorney-at-law, and six others were prosecuted for the murder of Pascual Tante, Jr., in Zambales on January 25, 1944. The information against co-accused Burgos Gamboa was dismissed so he could be used as a prosecution witness. After trial, the lower court acquitted all other accused except Buenaventura Abad, whom it found guilty and sentenced to reclusion perpetua. Abad appealed. The Solicitor General recommended the death penalty. The prosecution’s case relied heavily on the testimony of Burgos Gamboa, who testified that on the night of the crime, Abad, along with others whose faces were painted black, forced him to accompany them to the victim’s house. Gamboa claimed Abad ordered the door opened, counted to three, and after a shot was fired by Martin Abad, a woman jumped from the house. He also testified that Abad later threatened him to keep silent. The defense presented an alibi. Other prosecution witnesses included the examining physician, the mayor, and members of the victim’s family. The defense highlighted that the victim’s family did not initially identify Abad as the assailant and that Abad was present at the scene after the crime, appearing sorrowful and assisting, and did not flee from authorities.
ISSUE
Whether the prosecution proved beyond reasonable doubt the guilt of appellant Buenaventura Abad for the crime of murder.
RULING
The Supreme Court ACQUITTED Buenaventura Abad. The Court found the prosecution’s evidence, particularly the testimony of Burgos Gamboa, insufficient to prove Abad’s guilt beyond reasonable doubt. Gamboa’s testimony was deemed unreliable as he was a discharged co-accused who implicated Abad only after a prolonged investigation and after ammunition was confiscated from him. The Court noted that the testimonies of the victim’s family members did not originate from their own recognition but from being told by others, specifically Gamboa’s testimony. Furthermore, Abad’s conduct after the crime—being among the first at the scene, appearing sorrowful, assisting with the victim, and remaining to face authorities—was inconsistent with guilt and supported his innocence. The defense of alibi, coupled with the prosecution’s failure to meet its burden of proof, warranted acquittal.