GR 231827; (January, 2020) (Digest)
G.R. No. 231827 , January 20, 2020
Edgardo Patungan, Jr. y Lagundi, Petitioner, vs. People of the Philippines, Respondent.
FACTS
Petitioner Edgardo Patungan, Jr. was charged with Homicide for stabbing Venancio Furigay on October 13, 2007, in Solana, Cagayan. The prosecution’s version, based on the testimonies of Venancio’s daughters Kristine and Gladys Furigay, was that after a confrontation at petitioner’s house regarding Richard Ventura calling Kristine a “pokpok,” Venancio fetched his daughters and left. While they were already on the road, petitioner, who was running, suddenly stabbed Venancio in the stomach. Venancio later died after an operation. PO3 Isagani Bago responded to the incident, and the victim identified petitioner as his assailant in an ante-mortem statement. Dr. Josefina Chua testified on the cause of death based on the death certificate. Petitioner denied the charge, testifying he was in his comfort room during the commotion and only helped Venancio afterward. He claimed he and Richard were invited to the police station because they looked similar. The Regional Trial Court (RTC) convicted petitioner of Homicide, appreciating the mitigating circumstance of voluntary surrender. The Court of Appeals (CA) affirmed the conviction with modifications to the damages awarded.
ISSUE
1. Whether the CA erred in giving weight to the hearsay testimony of Dr. Chua.
2. Whether the CA erred in affirming the conviction despite the alleged failure to prove petitioner’s identity as the assailant beyond reasonable doubt.
RULING
The Supreme Court DENIED the petition and AFFIRMED the CA Decision and Resolution.
1. On the testimony of Dr. Chua: The Court ruled that while Dr. Chua’s testimony interpreting the death certificate prepared by another doctor was hearsay, the cause of Venancio’s death was sufficiently established by other competent evidence. The testimonies of the eyewitness daughters, Kristine and Gladys, who saw petitioner stab their father, provided direct evidence of the fatal act. The cause of death was not a critical issue as the fact of death was uncontroverted.
2. On the identity of the assailant: The Court held that the prosecution proved petitioner’s identity beyond reasonable doubt. The positive and categorical identification by Kristine and Gladys, who were with the victim and knew petitioner as their neighbor, was credible and reliable. The incident occurred near streetlights, providing sufficient illumination for identification. Their testimonies were consistent on material points, and no ill motive was shown for them to falsely accuse petitioner. Petitioner’s defense of denial, being a negative and self-serving assertion, could not prevail over the positive identification by credible eyewitnesses.